Jump to content
wifehenri

Previous Petition History

 Share

16 posts in this topic

Recommended Posts

Filed: Timeline

Do any of you have knowledge of the potential challenge presented by a beneficiary of a K-1 visa application having previously filed with a different petitioner?

Case example:

US citizen met man online and after 8 months begin talking seriously about marriage. US citizen then learns that fiance was the beneficiary of a previous K-1 petition with another woman within the past 12 months. Facts - More than one year has since elapsed from the date of the original I-129F petition; 11 months have elapsed since the date of the beneficiary's interview for said petition.

I have found information regarding a petitioner with a previous application, but am having a difficult time finding case history on the sucess of petitions when the BENEFICIARY has a history of a previous application.

Would appreciate any help or advice you can give!

Link to comment
Share on other sites

There are quite a few members present and past who have had prior petitions and had no issues that I am aware of. I imagine there will or could be questions at interview stage but a prior petition should not affect you any regarding the visa being issued if all factors regarding elligibility are met.

Lorelle

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

fb2fc244.gif72c97806.gif4d488a91.gif

11324375801ij.gif

View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

Link to comment
Share on other sites

What happened at the previous interview? Was the visa denied and for what reason. I don't think anyone can say you won't have problems down the road without more information.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Link to comment
Share on other sites

Filed: Timeline
What happened at the previous interview? Was the visa denied and for what reason. I don't think anyone can say you won't have problems down the road without more information.

Hi, John...Thanks for the response. At the original interview, beneficiary received the infamous 221g for proof of relationship. Based on my interrogation <giggle....but so true>, their relationship had already begun falling apart. Here are the elements of factual information I obtained: 1) he did not speak English (petitioner's native language) at the interview and did not respond adequately when the consular official questioned him regarding how he could have a relationship with the petitioner if he did not speak English. 2) there was a signficant age difference (more than 15 years; he is younger) and 3) petitioner did not have adequate means or evidence for support paperwork. The petition was returned to the US. The file was re-opened 5 months later and a letter sent to the petitioner indicating that proof of a valid relationship was required. No response was given and the file was closed by the USCIS one year from the date of the original application.

My primary concern is beginning a petition (HIS second, with a different petitioner) in close proximity to the "cancelling" of the first, and the potential impact, if any that may have on a successful second petition. Additionally, in his previous petition, the relationship my fiance had with the petitioner was VERY weak. I'm concerned about how it all looks on paper. I believe that he truly did NOT love the petitioner and was very ignorant of the law and rules surrounding the visa application process (operating solely on the advice of friends....ugh!!!). Needless to say, he is now 100% aware of the impact of his previous actions. :(

I'm just trying to educate myself about all of the challenges that I may face BEFORE I begin any paperwork. The consulate we will be dealing with has been difficult with most petitions they've processed recently. Lots of 221g's being issued for proof of relationship....and lots of administrative processing delays (seemingly unnecessary, according to petitioners).

Edited by wifehenri
Link to comment
Share on other sites

Is he from Morocco?

Abby (U.S.) and Ewen (Scotland): We laughed. We cried. Our witness didn't speak English. Happily married (finally), 27 December 2006.

Latest news: Green card received 16 April 2007. USCIS-free until 3 January 2009! Eligible to naturalize 3 April 2010.

Click on the "timeline" link at the left to view our timeline. And don't forget to update yours!

The London Interviews Thread: Wait times, interview dates, and chitchat for all visa types

The London Waivers Thread: For I-601 or I-212 applicants in London (UK, Ireland, and Scandinavia)

The London Graduates Thread: Moving stateside, AOS, and OT for London applicants and petitioners

all the mud in this town, all the dirt in this world

none of it sticks on you, you shake it off

'cause you're better than that, and you don't need it

there's nothing wrong with you

--Neil Finn

On second thought, let us not go to Camelot. 'Tis a silly place.

--Monty Python and the Holy Grail

Link to comment
Share on other sites

What happened at the previous interview? Was the visa denied and for what reason. I don't think anyone can say you won't have problems down the road without more information.

Hi, John...Thanks for the response. At the original interview, beneficiary received the infamous 221g for proof of relationship. Based on my interrogation <giggle....but so true>, their relationship had already begun falling apart. Here are the elements of factual information I obtained: 1) he did not speak English (petitioner's native language) at the interview and did not respond adequately when the consular official questioned him regarding how he could have a relationship with the petitioner if he did not speak English. 2) there was a signficant age difference (more than 15 years; he is younger) and 3) petitioner did not have adequate means or evidence for support paperwork. The petition was returned to the US. The file was re-opened 5 months later and a letter sent to the petitioner indicating that proof of a valid relationship was required. No response was given and the file was closed by the USCIS one year from the date of the original application.

My primary concern is beginning a petition (HIS second, with a different petitioner) in close proximity to the "cancelling" of the first, and the potential impact, if any that may have on a successful second petition. Additionally, in his previous petition, the relationship my fiance had with the petitioner was VERY weak. I'm concerned about how it all looks on paper. I believe that he truly did NOT love the petitioner and was very ignorant of the law and rules surrounding the visa application process (operating solely on the advice of friends....ugh!!!). Needless to say, he is now 100% aware of the impact of his previous actions. :(

I'm just trying to educate myself about all of the challenges that I may face BEFORE I begin any paperwork. The consulate we will be dealing with has been difficult with most petitions they've processed recently. Lots of 221g's being issued for proof of relationship.

I can see where that would look bad on paper. You shouldn't have a problem getting the application approved but will probably face a very difficult time with the interview. I would be sure to have lots of good evidence ready to show the validity of this relationship.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Link to comment
Share on other sites

What happened at the previous interview? Was the visa denied and for what reason. I don't think anyone can say you won't have problems down the road without more information.

Is why I said 'if all factors regarding eligibility are met.' ;)

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

fb2fc244.gif72c97806.gif4d488a91.gif

11324375801ij.gif

View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

Link to comment
Share on other sites

Filed: Timeline

wifehenri,

If I were you I'd be having a consultation with an immigration attorney who has experience with the consulate in question and knows the consular officers. I'd have my fiance there with me present to discuss the details of the past and present situations.

Yodrak

What happened at the previous interview? Was the visa denied and for what reason. I don't think anyone can say you won't have problems down the road without more information.

Hi, John...Thanks for the response. At the original interview, beneficiary received the infamous 221g for proof of relationship. Based on my interrogation <giggle....but so true>, their relationship had already begun falling apart. Here are the elements of factual information I obtained: 1) he did not speak English (petitioner's native language) at the interview and did not respond adequately when the consular official questioned him regarding how he could have a relationship with the petitioner if he did not speak English. 2) there was a signficant age difference (more than 15 years; he is younger) and 3) petitioner did not have adequate means or evidence for support paperwork. The petition was returned to the US. The file was re-opened 5 months later and a letter sent to the petitioner indicating that proof of a valid relationship was required. No response was given and the file was closed by the USCIS one year from the date of the original application.

My primary concern is beginning a petition (HIS second, with a different petitioner) in close proximity to the "cancelling" of the first, and the potential impact, if any that may have on a successful second petition. Additionally, in his previous petition, the relationship my fiance had with the petitioner was VERY weak. I'm concerned about how it all looks on paper. I believe that he truly did NOT love the petitioner and was very ignorant of the law and rules surrounding the visa application process (operating solely on the advice of friends....ugh!!!). Needless to say, he is now 100% aware of the impact of his previous actions. :(

I'm just trying to educate myself about all of the challenges that I may face BEFORE I begin any paperwork. The consulate we will be dealing with has been difficult with most petitions they've processed recently. Lots of 221g's being issued for proof of relationship....and lots of administrative processing delays (seemingly unnecessary, according to petitioners).

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Australia
Timeline

sounds like you're going to have to work hard to prove to them that you have a real relationship and he's not just hunting for a greencard... but there's no law that says you can't fall in love with more than one American.

Karen - Melbourne, Australia/John - Florida, USA

- Proposal (20 August 2000) to marriage (19 December 2004) - 4 years, 3 months, 25 days (1,578 days)

STAGE 1 - Applying for K1 (15 September 2003) to K1 Approval (13 July 2004) - 9 months, 29 days (303 days)

STAGE 2A - Arriving in US (4 Nov 2004) to AOS Application (16 April 2005) - 5 months, 13 days (164 days)

STAGE 2B - Applying for AOS to GC Approval - 9 months, 4 days (279 days)

STAGE 3 - Lifting Conditions. Filing (19 Dec 2007) to Approval (December 11 2008)

STAGE 4 - CITIZENSHIP (filing under 5-year rule - residency start date on green card Jan 11th, 2006)

*N400 filed December 15, 2011

*Interview March 12, 2012

*Oath Ceremony March 23, 2012.

ALL DONE!!!!!!!!

Link to comment
Share on other sites

  • 2 weeks later...

The OP needs to be aware of that. Couples in Morocco without this particular beneficiary's history are having a very hard time right now, and a different K-1 app (with a different petitioner involved) less than a year ago isn't going to look too hot in Casa.

What happened in the beneficiary's interview for the first K-1? Was he approved or denied and, if denied, why? The answers to those questions are important to know here.

Abby (U.S.) and Ewen (Scotland): We laughed. We cried. Our witness didn't speak English. Happily married (finally), 27 December 2006.

Latest news: Green card received 16 April 2007. USCIS-free until 3 January 2009! Eligible to naturalize 3 April 2010.

Click on the "timeline" link at the left to view our timeline. And don't forget to update yours!

The London Interviews Thread: Wait times, interview dates, and chitchat for all visa types

The London Waivers Thread: For I-601 or I-212 applicants in London (UK, Ireland, and Scandinavia)

The London Graduates Thread: Moving stateside, AOS, and OT for London applicants and petitioners

all the mud in this town, all the dirt in this world

none of it sticks on you, you shake it off

'cause you're better than that, and you don't need it

there's nothing wrong with you

--Neil Finn

On second thought, let us not go to Camelot. 'Tis a silly place.

--Monty Python and the Holy Grail

Link to comment
Share on other sites

Filed: K-1 Visa Country: Algeria
Timeline

Even very legit marriages (having known eachother for a long time, not meeting online, hundreds of pictures, receipts, stamps, emails, phone records and clean criminal histories) are getting 221(g) in Morocco... You could try, but you're up for some problems with that consulate.

And if he didn't speak english at that time, honestly how much better could it get in a year? It took me at least 3 years to perfect the french language (including 6 months in a native speaking area). and this is between english and french not between arabic and english??

Link to comment
Share on other sites

Filed: Other Country: Morocco
Timeline

Unfortunately Casa seems to be really getting a reputation as high-fraud post, I'm not sure if its deserved or not. But I agree that this may raise some red flags. Not necessarily insurmountable but I think you should make absolutely sure every i is dotted and t is crossed in all your paperwork. He will certainly be questioned a lot about his previous petition as well as current relationship with you. I would spend some of the waiting time before the interview making sure he can answer everything thoroughly and calmly. Best of luck to you.

Photo1949-1.jpg

5GTLm7.png

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...