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Posted

Hi everyone,

I’m trying to understand how USCIS views a previously filed I-130 petition that never resulted in a visa or interview.

In 2023, a U.S. citizen filed an I-130 for their spouse. That petition wasn’t processed fully — no visa issued, and no consular interview. The couple is now divorcing, and the petition will be withdrawn.

Looking ahead, the same petitioner may wish to sponsor someone else in the future (in a valid relationship).

Will the withdrawn I-130 raise red flags for USCIS? Are there known issues with future petitions if a prior one was abandoned or withdrawn before adjudication?

Thanks for any experience or knowledge you can share.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Yes just think what the odds are needing to file consecutive I 130s

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Morocco
Timeline
Posted

Truth is you will not know till interview takes place

Step 1 : file I 130 with all supporting documents including divorce papers /and withdrawal of 1st I 130

Step 2: NVC needs ds 260 and I 864 so if criminal background of bene and your income plus other supporting documents are in order, the case will be dq'd

Step 3:  interview this is where is matters and CO has final say

religion and view of divorce may count

why divorce may count (like is it because you met new spouse while married )

time spent with new spouse will count

time between 1st marriage and divorce may count

bene  knowing all about the 1st marriage is vital

embassy will count 

if new spouse is from same country will count

if there are children with 1st spouse and you support them will be looked at

 

At that point , you have paid out a lot of money for fees and trips to spend quality time with 2nd spouse 

and waited for over 2 years 

 

not sure why anyone would go thru all that 

 

 

 
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