No answer from USCIS to my request to cancel petition.. and now a new potential fiance. In need of advice.

[Johna 0]

So I have gotten myself in a bit of trouble, and I need advice to do everything the correct way.

This year I went to Kiev, got engaged, and filed an I129-F. And I received a letter from USCIS stating that the petition was received and is being forwarded to another location for further processing.

Long story short, two months later me and my fiancee broke up.

First week of September (this year) I sent a letter to USCIS stating that I would like to withdraw the petition. I sent it certified mail and received a return receipt confirming that USCIS received my letter.

I have not gotten a cancellation confirmation or any response from the USCIS after that.

Now, I've been talking to another woman from Ukraine and we are dying to meet each other and possibly get engaged and start the K1 process.

1. SO my first dilemma at this point is..... how do I find out whether the petition I filed earlier this year (for the woman I broke up with) was canceled? Should I send another letter to USCIS requesting a confirmation? Can I give them a call? Should I send a letter through my senator (somebody recommended this)?

2. Part two of my dilemma is...... I need to meet my new girlfriend in order to start the K1 process. However, we both think that it would be better for her to come here rather than me going there. Is this possible? What is the possibility of her getting a guest visa with the intention of meeting a potential fiance (me)? Or does this idea have " visa denial" written all over it?

Thank you guys for any help you can give me. I know there are some very knowledgeable people on this board and I hope you can point me in the right direction. I want to do everything 100% correctly and honestly.

[Cathi 5,624]

No such thing as a "guest" visa, she would have to apply for a visitor visa on her own merits, showing strong ties to her country ie: job that she must return to, owning property. At the interview when asked why she is going to the US she must answer 100% honestly. Whether or not the visa will be granted is another thing be the CO may view it as her having immigrant intent.

[Johna 0]

No such thing as a "guest" visa, she would have to apply for a visitor visa on her own merits, showing strong ties to her country ie: job that she must return to, owning property. At the interview when asked why she is going to the US she must answer 100% honestly. Whether or not the visa will be granted is another thing be the CO may view it as her having immigrant intent.

Thank you for the response.

What I don't understand is why she needs to show strong ties to her country when she would clearly have immigrant intent. She would just come to the USA temporarily so we would have proof of having met in person for the I129-F.

[KayDeeCee 4,892]

She needs to file for a tourist visa like anyone else would. She will need to show strong ties to her own country because that is what is required to get a tourist visa. They want to make sure she has no intent on staying in the US with a tourist visa. It is for visiting only, not staying and immigrating. As long as she is honest and there is no misrepresentation of any kind, a tourist visa denial is not held against anyone applying for a K-1 visa, so it would not hurt her chances of being approved for the K-1 if she was denied for a tourist visa. If she cannot get a tourist visa, then you will have to go visit her instead.

Edited December 10, 2012 by Jay-Kay

[N-o-l-a 7,167]

This also didn't cancel mine my I-129F after I sent a letter. When did you initially file?

You can call USCIS to see what the deal is with your case.

I ended up having to get the embassy to send the I-129F back to USCIS to cancel it after it had already been approved.

[baron555 934]

petition was received and is being forwarded to another location for further processing.

Long story short, two months later me and my fiancee broke up.

First week of September (this year) I sent a letter to USCIS stating that I would like to withdraw the petition.

You haven't updated your timeline so we have to make some assumptions. Assuming you filed in August, when you joined VJ, your petition was received and forwarded to the Service Center, but it will sit there for about 5 months or more until the next adjucator gets to it. It will only be then that your withdrawal letter will be matched to it and then and only then will it be officially cancelled.

If you submit another petition in the meantime, they will see from their records that you already have one "in the process" and will deny that second one. You have to wait. Period

Now, I've been talking to another woman from Ukraine and we are dying to meet each other

FSU women are very beautiful and I understand how and why you are moving so quickly !!!

and possibly get engaged and start the K1 process.

Easy tiger....meet first and then decide.

1. SO my first dilemma at this point is..... how do I find out whether the petition I filed earlier this year (for the woman I broke up with) was canceled? Should I send another letter to USCIS requesting a confirmation?

No need. You have to wait.

Can I give them a call?

Sure, good practice speaking with government employees. You still have to wait.

Should I send a letter through my senator (somebody recommended this)?

Hopefully you voted for this person. You will still have to wait.

2. Part two of my dilemma is...... I need to meet my new girlfriend in order to start the K1 process.

Fly to Kiev

However, we both think that it would be better for her to come here rather than me going there. Is this possible?

Only if she has traveled around Europe a lot and has strong ties. Most likely not. Fly to Kiev.

What is the possibility of her getting a guest visa with the intention of meeting a potential fiance (me)? Or does this idea have " visa denial" written all over it?

Yes

Thank you guys for any help you can give me. I know there are some very knowledgeable people on this board and I hope you can point me in the right direction. I want to do everything 100% correctly and honestly.

[Pinkrlion 2,612]

So I have gotten myself in a bit of trouble, and I need advice to do everything the correct way.

This year I went to Kiev, got engaged, and filed an I129-F. And I received a letter from USCIS stating that the petition was received and is being forwarded to another location for further processing.

Long story short, two months later me and my fiancee broke up.

First week of September (this year) I sent a letter to USCIS stating that I would like to withdraw the petition. I sent it certified mail and received a return receipt confirming that USCIS received my letter.

I have not gotten a cancellation confirmation or any response from the USCIS after that.

Now, I've been talking to another woman from Ukraine and we are dying to meet each other and possibly get engaged and start the K1 process.

1. SO my first dilemma at this point is..... how do I find out whether the petition I filed earlier this year (for the woman I broke up with) was canceled? Should I send another letter to USCIS requesting a confirmation? Can I give them a call? Should I send a letter through my senator (somebody recommended this)?

2. Part two of my dilemma is...... I need to meet my new girlfriend in order to start the K1 process. However, we both think that it would be better for her to come here rather than me going there. Is this possible? What is the possibility of her getting a guest visa with the intention of meeting a potential fiance (me)? Or does this idea have " visa denial" written all over it?

Thank you guys for any help you can give me. I know there are some very knowledgeable people on this board and I hope you can point me in the right direction. I want to do everything 100% correctly and honestly.

This is my opinion. You have to look at your situation, just like a CO, whose main role is to find fault and/or fraud in your relationship. How would it look to them, that you filed previously in 2012, and wish to file in 2013 for a different person. In addition for the tourist visa, it is most likely be denied, since her intent is immigration regardless of strong ties, that will guarantee her return to home country. I would look deeply at your relationships before you begin the K-1 process. Regardless of whether you meet this year or next year. You really need to concentrate on establishing a relationship before you file your petition. USCIS does keep a record of how many petitions an individual files.

[baron555 934]

Does the new lady know about the previous fiance? And petition timing?

[Altair17 9]

a) you will have to file a waiver if you file another petition within less than 2 years of the previous, first waiver is granted for sure, however if you change your mind one more time - u might be in a tougher world, make sure it follow through with your commitments this time.

b) there is a guest visa, its called tourist. She can try filing for it in Kiev but will need to prove that she intends to come back: has property, investments, good job, etc; if she travelled through europe - will be an easy one; if she never travelled is in the sweet age of 20-30, has no kids, few relatives and no high-end job to come back to - chances are slim. You go to Kiev, or you both go to some warm place like caribean or turkey.

c) you definetly need to tell her about "first attempt" as she will find out sooner or later, and trust me, you do not want to start a family with a lie like this.

best of luck, but imho wait at least 6 months from the moment you meet your lady to the moment u file K1 to just make sure she is into you.

[Gary and Alla 3,694]

So I have gotten myself in a bit of trouble, and I need advice to do everything the correct way.

This year I went to Kiev, got engaged, and filed an I129-F. And I received a letter from USCIS stating that the petition was received and is being forwarded to another location for further processing.

Long story short, two months later me and my fiancee broke up.

First week of September (this year) I sent a letter to USCIS stating that I would like to withdraw the petition. I sent it certified mail and received a return receipt confirming that USCIS received my letter.

I have not gotten a cancellation confirmation or any response from the USCIS after that.

Now, I've been talking to another woman from Ukraine and we are dying to meet each other and possibly get engaged and start the K1 process.

1. SO my first dilemma at this point is..... how do I find out whether the petition I filed earlier this year (for the woman I broke up with) was canceled? Should I send another letter to USCIS requesting a confirmation? Can I give them a call? Should I send a letter through my senator (somebody recommended this)?

2. Part two of my dilemma is...... I need to meet my new girlfriend in order to start the K1 process. However, we both think that it would be better for her to come here rather than me going there. Is this possible? What is the possibility of her getting a guest visa with the intention of meeting a potential fiance (me)? Or does this idea have " visa denial" written all over it?

Thank you guys for any help you can give me. I know there are some very knowledgeable people on this board and I hope you can point me in the right direction. I want to do everything 100% correctly and honestly.

Your second question should be your first. You need to meet her first. Her coming here will NOT be easier. Her possibility to get a tourist visa is very low. Just go there. This is a no-brainer.

2. After you meet her, file a new petition with a copy of the letter withdrawing the first petition and a copy of the receipt showing they received it.

[Johna 0]

Thanks everyone for the detailed responses! This really helps me a lot!

Ok.. now I'll explain why we were looking into her coming to the USA to meet in person....

I work a regular 9-5 job where I cannot take a vacation for more than ~10 calendar days. AND as my previous experience has shown, one week of being together is nowhere near enough time to figure whether you I should marry the person or not. If she could come here on a tourist visa - we could actually live together for a month or two in an environment that we would be in if we decided to get married. So this would make a whole lot more sense, than going to Kiev for a week (or even two weeks) and then rushing into a decision like this.

But yes, she is very young, barely legal, with no ties to her country. So judging by what you guys are saying, she has no chance of getting a tourist visa. (However, I STILL think it may be worth a try - IF potential denial, in fact, will not have an effect on K1 in the future)

As for the whole issue of her not knowing about "attempt number one" - YES I will tell her when we get to the point of filing I-129F. BUT I don't see what the big deal is. She's a grown-up and has had relationships with other men and has been proposed to..and same goes for me. It is not like we are both virgins and never been in serious relationships.

This also didn't cancel mine my I-129F after I sent a letter. When did you initially file?

You can call USCIS to see what the deal is with your case.

I ended up having to get the embassy to send the I-129F back to USCIS to cancel it after it had already been approved.

I filed the petition beginning of July... and sent the letter requesting to cancel first week of September. Anything can happen in life and it was one of those things where there was just no way to tell that it would turn out this way.

Anyway, I think I will try calling USCIS and sending another letter.

Edited December 13, 2012 by Johna

[Johna 0]

So at this point there are three different opinions in this thread when it comes to what I should do in regards to my petition that hasn't been canceled yet.

1. Wait about 5 months or more and hope that it gets canceled when the next adjucator gets to my petition.

2. I need to file a waiver before I can file the new petition.

3. File the new petition with a copy of the letter withdrawing the first petition.

[Moomin 292]

Ok, you have to see it from a different perspective than your own.

First of all, anything that you are thinking about out in the future (such as the I129F) doesn't matter to DBP officers. Even if you had filed it, she would most likely be denied getting a toruist visa because that'll show that she intends on immigrating. Another aspect is the I129F doesn't guarentee that she will return. If that was the case, I'm sure most would just submit it, go visit in the US and simply adjust status(get greencard). Because of that, CBP officers already know what to look for.

THat being said, for the tourist visa(B2) interview, she will have to show that she has commitments in her home country to return to. Such as lease, utility bills, job and basically things she can't leave behind and that she has to return to. Basically, the normal stuff that makes a tourist return to home country.

Getting a tourist visa for someone who has little or no ties to home country isn't worth the time or money. I think Gary&Alla once suggested to get a Schengen visa, visit a Schengen country for some days and then return, applying for B2. The other trip may be a positive factor that she will return to home country.

I really like your idea of spending time together and not just as a happy tree hugger vacation where things are in contrast to the future - which most likely will include dirty landry, not going out to explore the world every other day. it's not dull that way - it's just too much of a contrast for some to base a solid foundation with.

[Moomin 292]

So at this point there are three different opinions in this thread when it comes to what I should do in regards to my petition that hasn't been canceled yet.

1. Wait about 5 months or more and hope that it gets canceled when the next adjucator gets to my petition.

2. I need to file a waiver before I can file the new petition.

3. File the new petition with a copy of the letter withdrawing the first petition.

Try calling USCIS. If you have the receipt notice, go to https://egov.uscis.gov/cris/Dashboard/CaseStatus.do and type in your case number found on that receipt. What status does it show after you've entered it?

Waivers are only for two or more petitions, or if 1 K1 visa was granted. If your petition wasn't approved, then no need for a waiver. I'll refer to the I129F instructions, page 1.

Edited December 13, 2012 by moomin

[C-ma'am 684]

As for the whole issue of her not knowing about "attempt number one" - YES I will tell her when we get to the point of filing I-129F. BUT I don't see what the big deal is. She's a grown-up and has had relationships with other men and has been proposed to..and same goes for me. It is not like we are both virgins and never been in serious relationships.

That's not the reason why they asked if she knew about the other lady. They asked you because, if everything goes as you are planning it, there are very big chances that she will be asked about it at the interview.

Usually, they ask the interviewed fiance(e) about previous wives/husbands (if it applies) and previous petitions (filed by the USC or filed for the beneficiary).

When the time is appropriate, consider giving her as many details as you can, just so she won't be caught off guard.