Withdrawal of K1 fiance visa, transfer in progress

[KayCy 0]

Hello everyone, I hope someone can help me. 

 

On October 2015, my ex fiance had an interview for our K1 fiance visa. I withdrew the petition by writing a letter to the Manila embassy. My ex fiance still attended the interview and forged my signature on some of the documents, which she admitted to me later. She was approved. While she was waiting for her visa, my withdrawal was processed by the Manila embassy and they informed me that the case was no longer under their jurisdiction and that they sent it back to USCIS - they e-mailed me on Nov 2, 2015. I checked the status of the visa and it stated "Transfer in Progress". It has been 1 year and 8 months, and the status still says transfer in progress. My ex fiance recently messaged me saying she is trying to apply for a tourist visa, but she got denied because her previous case was still open. I am not sure if she is telling the truth or if she just wants to see if there is a chance to reopen this case. On a side note, she is a huge scammer - she got married to someone in Germany a few weeks after she found out I withdrew the petition and is now trying to scheme someone else in the United States. 

 

My questions are:

1. If I am planning on filing another petition for a different beneficiary, do I need to close my previous one or has it automatically closed since it's been a while? 

2. Do I need to send waivers or other documents when I send in my second K1 visa application?

3. How do I report my ex fiance for fraud? (she also scams people in her country for money)

 

Thank you in advance for all the help! 

 

[KULtoATL 1,551]

1) Before you start your new I-129F, definitely contact USCIS (preferably something written e.g. letter or e-mail - best to have paper trail) to check if the old petition was closed. Unless your case was denied, best to not assume that it was automatically closed. Only the US petitioner can get a petition closed. 

 

2) In terms of waiver, refer to this paragraph from the official I-129F instructions:

Item Numbers 5.a. - 5.d. Multiple Filer Waiver Request. You must request a waiver of the International Marriage Broker Regulation Act (IMBRA) filing limitations if: 1. You are filing this petition on behalf of your fiancé(e) and you previously filed Form I-129Fs on behalf of two or more fiancé(e) beneficiaries; or 2. You are filing this petition on behalf of your fiancé(e), you have previously had a Form I-129F approved, and less than two years have passed since the filing date of your previously approved petition. Select the box that indicates the waiver you are requesting. You may request and support your waiver with additional information and/or explanation in Part 8. Additional Information, or by attaching a signed and dated letter according to the instructions for Part 8. 

 

3) Unfortunately, I do not think you can report her for anything yet. Who exactly would you report her to and on what grounds? Do you have strong proofs? If she's scamming another American man, there isn't anything you can do either if the man believes her and he is still petitioning for her to move to the US and they are able to prove that their relationship is bona fide. However, if she is present in the US illegally right now, sure, you can report her to ICE or if she commits some kinda crime that's deemed deportable before she's a citizen. 

 

Frankly, you should just move on with your new foreign fiancee and do the necessary in order for you to petition a I-129F. Don't burden yourself with trying to "bury" someone from your past when she isn't your concern anymore.