Denied - what to do next

[marklovetina 52]

oh yeah i am sorry, for the OP i missed that info. too... above posters are right, i agree with them... if the previous petitioner petitoned another filipina/ foreigner to go here then that petition might be cancelled too... i dont know if the case is like cr1 he change route for example if that petition can be approve even there is an active or abandoned K1.... because what i know if there is a denied K1 and they change their mind and do the cr1 route the couple doesnt need to withdraw the k1... uhmmm hope u get a good answer from the US Embassy, PH regarding ur inquiry... pls. let us update...

[Pinkrlion 2,610]

There is something not right here or she is not disclosing everything. If they see 2nd petition in the system this means it is active. If (as your fiancee claims) her ex-fiance brought another person on K1, than he supposed to cancel it. Likewise, as they denied her, they would deny her ex-fiance to petition for another person as long as old petition is active. Do you see it does not make sense? Given that petition expires within 4 months AND Based on factual evidence of reasoning for denial (but not taking to consideration your or your fiancee words it looks like either:

1) 2 individuals (including yourself) petitioned for her at the same time (or nearly the same)

2) Someone petitioned for her with approved I129F with less than 4 month..

I agree, there is something going on that is recent. Even if that petition was abandoned, there is nothing but a notation of abandonment in the system. I would call DOS and inquire.

[san diego 407]

She did not attend the old application interview.

They did not deny the previous petition, it was basically abandoned.

I don't know why he didn't need to withdraw his petition, that is the thing that immediately confused her. Maybe she is wrong about his wife having immigrated from the Philippines directly, maybe she was in the US already, she doesn't think so but i'll ask her to clarify.

I understand what you're saying and i am aware and very cautious of being scammed or something but i assure you that is not what's happening. I've written to the embassy, we'll see if they reply with any sensible information. I'll get to the bottom of it one way or another.

Actually, you misread my post. I am not necessarily eluding to the scam. What I am trying to say is that you need to know exactly what happened. I mean precisely. This way you can address. it. If she is 100% truthful about it, it is easy to fix: just show that it was abandoned or withdrawn. If petition is abandoned (not withdrawn) it expires automatically within 4 months, noe exceptions. If this is the case than this is simple computer error that needs to be stratified. However, if in fact there is another petitioner with approved I129F with less than 4 month you have to know it to stratify it in a different manner, i.e try to make it work other way, like re-applying.

[Ratty and C 13]

Actually, you misread my post. I am not necessarily eluding to the scam. What I am trying to say is that you need to know exactly what happened. I mean precisely. This way you can address. it. If she is 100% truthful about it, it is easy to fix: just show that it was abandoned or withdrawn. If petition is abandoned (not withdrawn) it expires automatically within 4 months, noe exceptions. If this is the case than this is simple computer error that needs to be stratified. However, if in fact there is another petitioner with approved I129F with less than 4 month you have to know it to stratify it in a different manner, i.e try to make it work other way, like re-applying.

Okay, thanks for the clarification. I agree, i need to know what happened exactly, i thought i knew enough before and should have probed more deeply but it was so long ago and really didn't seem relevant, but for sure we will be talking about it in depth once she is at home and can skype properly, which is just a few hours from now. She has been very honest but i really should have asked more questions, just neither of us thought of it as a problem. How wrong we were.

It is absolutely definitely not another case within the last 4 months or even any time since we filed, we have been so close, i have spent so much time with her, met her family, friends, can verify her employment etc. So anyway, hopefully the embassy reply (7+ business day for replies they say) will clarify the situation.

Yes, i'm hoping now that reapplication won't be necessary, but there's just not enough information for us to know that yet.

Thanks for the reply, i appreciate the effort you and the other posters have put in to help us. Visa Journey is such a great website and community, we would be lost without it.

[hames 1]

I have read a post in here before with similar situation like you do. What they did was the girl (beneficiary)wrote a letter to USCIS letting them know that she wanted to withdraw the previous petition that her Ex-fiance filed for her.

Here's the address :

USCIS
California Service Center
P.O. Box 10130
Laguna Niguel, CA 92607-0130
Attn: I-129F

or

USCIS
Vermont Service Center
75 Lower Welden
St. Albans, VT 05479

[LSnBigBear 61]

I am sorry to hear of this but maybe I can offer up some advice. First of all you do not have to reply or do anything until you sort this out in your head with all of the evidence you have in front of you. You can always appeal.

Actually I did a petition about 6 years ago and broke it off with my ex Filipina (thankful the names do not match). Here is some advice to sort through:

1) If she was petitioned prior she would have to give her ex a lot of information as well as fill out forms as you know to submit in their I129F packet.

2) If (1) is accurate she now needs to do is find a way to contact her ex and have him withdraw original petition. What is odd in all of this is I refused to withdraw my original petition with my ex back in 2007 as she was unfaithful from all that I could gather. I later met my now Filipina wife and did the I129F and all passed with no issues. We were prepared for an RFE for me petitioning two different times now. We were honest and thorough explaining in detail my past both on the i129f and in a separate letter. I guess that helped as she is here next to me now.

I am surprised you never received an RFE from your i129f. My guess and maybe someone else can assist with more experience on your end, but if you cannot find her ex to have him withdraw then most likely you will have to appeal the decision. Maybe appealing first will help. You need her ex's information or at least some type of reference numbers to submit with your appeal.

Good luck to you both. I know this is a tough time.

Edited May 21, 2013 by LSnBigBear

[hames 1]

It is important that you have the reference number for the petition, your fiancee's full name and birthdate when you contact the service center by mail or phone. Give both if you can when you write to them.

Goodluck!

[let-it-be 36]

This happens more often in USE Manila than you all think. I have read 2 cases here in VJ & 1 case in another forum. All of the beneficiaries have interviews scheduled in USEM that they didn't attend. They all assumed that if they didn't show up for the interviews that the said petitions/cases will be considered abandoned. The (ex fiance) petitioners didn't formally cancel the said petitions. So the beneficiaries were denied when they had their 2nd petition/visa applications (with their current fiance's). Please try to search here in VJ a case like this that happened last year.

Edited May 21, 2013 by let-it-be

[anajnic 87]

Me too, pretty stunned this is an issue. I'm writing an email to the embassy to find out more.

Thanks for the reply, and thank you too MarkLoveTina

Not such a big problem, easily solved to me, just get the other pending app to be withdrawn and thats that.. Even if married , wihout taking care of the first app ,ull still be in probe. NO BIGGIE

[Ratty and C 13]

Thanks all, i have been searching like crazy on the forums of course but it's hard to find the search term sometimes that brings up the most relevant posts.

I think we will be able to contact the ex fiancee, hopefully he is cooperative. Thanks Hanjames for the address.

[LSnBigBear 61]

San Diego.

I agree with 99% of your below with the exception of her ex having to withdraw. Here is my story:

I petitioned back in 2006. Broke it off in the 11th hour in 2007 when I became suspicious of her. I called first USICS to call it off and cancel. I was told it was too late from there end as Manila had the case (our i129f was already approved).. I called Manila and was told "just tell her to not come for her interview" I emailed her and told her it was cancelled. I believe she attended her interview and came to the USA on my K1. She phoned me a few times begging me to cancel the petition. I said no as I knew she was in USA with another man (Cebu is a small place as I lived there for years so news travels fast) .. Therefore I not only petitioned two but had two approved (trust me I am not proud of this but just saying). However I was upfront and honest when I applied for my now wife that is here with me. I explained with about a 2 page letter and included my ex as past petition.. This is all odd to me as to what is going on. I know I feel for the OP at this time.

Actually, you misread my post. I am not necessarily eluding to the scam. What I am trying to say is that you need to know exactly what happened. I mean precisely. This way you can address. it. If she is 100% truthful about it, it is easy to fix: just show that it was abandoned or withdrawn. If petition is abandoned (not withdrawn) it expires automatically within 4 months, noe exceptions. If this is the case than this is simple computer error that needs to be stratified. However, if in fact there is another petitioner with approved I129F with less than 4 month you have to know it to stratify it in a different manner, i.e try to make it work other way, like re-applying.

[LSnBigBear 61]

My wife just reminded me that she was asked during her interview "do you know (my ex fiancée's name)" She said without hesitation "yes this is my fiancée's ex Filipina GF that he petitioned in 2006 for K1" They said "ok thank you" and that was it.

For those new to this forum and are yet at the interview. total confidence and disclosure and let it be from there. I know many Filipinas are nervous. Be confident in all you do and note everything and you will be Aces. Good luck everyone.. This is tough for OP and his fiancée. All we can do is learn from others...

[USA-ALG 63]

There is something not right here or she is not disclosing everything. If they see 2nd petition in the system this means it is active. If (as your fiancee claims) her ex-fiance brought another person on K1, than he supposed to cancel it. Likewise, as they denied her, they would deny her ex-fiance to petition for another person as long as old petition is active. Do you see it does not make sense? Given that petition expires within 4 months AND Based on factual evidence of reasoning for denial (but not taking to consideration your or your fiancee words it looks like either:

1) 2 individuals (including yourself) petitioned for her at the same time (or nearly the same)

2) Someone petitioned for her with approved I129F with less than 4 month..

I do concur with you. It seems as if she is "playing" you both to see which one will get her the "American Visa" first. I suggest that you go further into this matter and dig up for more information.

I wish you luck.

[Robinhood 13]

I feel that she is keeping her option open with 2 petition. I hope you get this resolved. I feel your pain but you need to ask her question and i am sure you will.

[Ron&Jen 0]

Actually, you misread my post. I am not necessarily eluding to the scam. What I am trying to say is that you need to know exactly what happened. I mean precisely. This way you can address. it. If she is 100% truthful about it, it is easy to fix: just show that it was abandoned or withdrawn. If petition is abandoned (not withdrawn) it expires automatically within 4 months, noe exceptions. If this is the case than this is simple computer error that needs to be stratified. However, if in fact there is another petitioner with approved I129F with less than 4 month you have to know it to stratify it in a different manner, i.e try to make it work other way, like re-applying.

i have the same issue with the OP, i submitted an I129f way back 2007 but they reject it because of the wrong amount of the check i sent along with the packet, i did receive a ''rejection letter'' saying that

''the application or pretition cannot be accepted because the proper fee is $455.00 (that time) is not attached. since the case is not properly filed, a priority or processing date cannot be assigned. Please attach a check or money order for this amount and resubmit this entire page tot he address listed below. For speed processing Please leave this notice on top.''

and at the top of the second page it says ''Please save this notice for your records. Please enclose a copy if you have to write us or a U. S. Consulate about this case,

or if you file another application based on this decision. You will be notified separately about any other applications or petitions you have filed.''

They sent back the entire packet. I got a receipt number ''WAC xxxxx" in this rejection notice.

I am worried now as i did not contact the embassy or immigration about this. I did not re-file because i found out that my ex in Philippines was living with another guy. i didn't do anything i just kept the ''rejection notice'' and i found the woman of my life now and about to send the I129f packet..

Would this be a problem?

thank you all for the help

Edited May 21, 2013 by love her