Previous K1

[Murph4865 597]

If a previous K1 was filed 4 years ago and petitioner was denied does that mean case was closed and cease to exist after that?

[Ebunoluwa 6,136]

You mean the petition was not approved by USCIS or the visa was refused after the interview at the embassy ?

Generally speaking it is expired and closed but some people had issues so it's best to address it in the next petition ( if there is one)
and request it to be closed in a short note with names/dates/numbers etc.
Only the petitioner can request to close the petition (which most often has been expired/closed already), some fall through the crack

and are somehow mistaken for a still "live" petition. I have seen 2 of these with beneficiaries from the PI, none from other countries.
 

[LabOz 915]

1 hour ago, Murph4865 said:

If a previous K1 was filed 4 years ago and petitioner was denied does that mean case was closed and cease to exist after that?

I have been battling USCIS for 6 months now trying to get them to withdraw a previously approved petition. Never got to interview stage.

Have you plugged the prior case into here? https://egov.uscis.gov/casestatus/mycasestatus.do

Good chance it is too old to show up there but worth a shot.

Next step CALL USCIS 1-800-375-5283 at 8 am tomorrow and ask for the status.

If you do not have the WAC# or a copy of the NOA 1 then you will need to give them both your name and DOB as well as the info for the beneficiary.

 

Why was prior petition denied? Not really relevant to your question but curious as we don't see too many denials here for petitioner.

 

When you say cease to exist if you are hinting at whether it needs to be included or referenced in any NEW filings of either K-1 or CR-1 spousal the answer is YES it does need to be listed on the 

I-129F or I-130 if spousal. Failure to list will be big problems at interview stage if not before that.

 

If you don't have the WAC # and plan to file another I-129F/CR-1 then when you call USCIS ask them for your old WAC # as you will need it on the new petition.

 

Good luck and keep us up to date.

 

I was just advised this morning by USICS that my prior K-1 was TERMINATED on Sept 1st but still no updates on the case tracker and nothing in writing in the mail so I will be calling them again in 2 weeks if I don't get anything before that regarding the request for withdraw of my prior I-129F.

 

Any other questions we are here to help.

 

EDIT: ok i just looked at your timeline and see you have already filed new K-1. Your NOA 1 is within a day or 2 of ours. Good luck.

Edited September 7, 2017 by LabOz

[Murph4865 597]

4 hours ago, LabOz said:

I have been battling USCIS for 6 months now trying to get them to withdraw a previously approved petition. Never got to interview stage.

Have you plugged the prior case into here? https://egov.uscis.gov/casestatus/mycasestatus.do

Good chance it is too old to show up there but worth a shot.

Next step CALL USCIS 1-800-375-5283 at 8 am tomorrow and ask for the status.

If you do not have the WAC# or a copy of the NOA 1 then you will need to give them both your name and DOB as well as the info for the beneficiary.

 

Why was prior petition denied? Not really relevant to your question but curious as we don't see too many denials here for petitioner.

 

When you say cease to exist if you are hinting at whether it needs to be included or referenced in any NEW filings of either K-1 or CR-1 spousal the answer is YES it does need to be listed on the 

I-129F or I-130 if spousal. Failure to list will be big problems at interview stage if not before that.

 

If you don't have the WAC # and plan to file another I-129F/CR-1 then when you call USCIS ask them for your old WAC # as you will need it on the new petition.

 

Good luck and keep us up to date.

 

I was just advised this morning by USICS that my prior K-1 was TERMINATED on Sept 1st but still no updates on the case tracker and nothing in writing in the mail so I will be calling them again in 2 weeks if I don't get anything before that regarding the request for withdraw of my prior I-129F.

 

Any other questions we are here to help.

 

EDIT: ok i just looked at your timeline and see you have already filed new K-1. Your NOA 1 is within a day or 2 of ours. Good luck.

Thank u and good luck also.

What i was referring to was the lady i am with now was petitioned 4 years ago by another guy but uscis had denied him before Noa2 stage did not even get that far.

[Ebunoluwa 6,136]

18 hours ago, Murph4865 said:

Thank u and good luck also.

What i was referring to was the lady i am with now was petitioned 4 years ago by another guy but uscis had denied him before Noa2 stage did not even get that far.

Since it was denied and no NOA2 resulted you should be ok, I say should, be not will be.
She will be more scrutinized depending on the reason for the denial by USCIS.
 

[Murph4865 597]

9 hours ago, Ebunoluwa said:

Since it was denied and no NOA2 resulted you should be ok, I say should, be not will be.
She will be more scrutinized depending on the reason for the denial by USCIS.
 

She was beneficary and he was denied because of problems he had with the authorities here in the states at the time.

[Ebunoluwa 6,136]

2 hours ago, Murph4865 said:

She was beneficary and he was denied because of problems he had with the authorities here in the states at the time.

You can attach the reason for the denial behind the form asking if anyone ever filed a petition for her.

just a short paragraph explaining when it was filed and denied etc.