Natsukiii

Hard thing to find out after such a long time waiting for the interview. This is something she should of told you much earlier. Now you both have to wait, who knows for how long. I understand the Embassy and the suspicion. I dont know your story but I would search for some answers. Love can sometimes be blind, but we should all learn from our own mistakes.

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.

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 If she is 100% truthful about it, it is easy to fix: just show that it was abandoned or withdrawn. If petition is abandoned (not withdrawn) it expires automatically within 4 months, noe exceptions.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 strongly agree with San Diego... Actually this is the first thing that I thought of, when I read the post. If her visa was denied for that reason, then her ex-fiance should have gone through the same thing... and would have not been able to apply for a new fiancee, till he cancels the first one... makes lot of sense...
However, I think she should have disclosed all this to you prior to starting the whole process, so you can address those issues and get them resolved first.
I am glad you are putting into consideration the possibility of being scammed... We can never know the real intentions of someone. It is just the fact that this is the second time she falls in love with an American raises an immediate red flag. Visajourney is full of all this type of stories. Every time the American citizen (the victim) says NO WAY..... this can't be, later on finds out that everything is possible.....

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 believe it depends on where you live, what skills do you have, what experience, education and what you are willing to do. And how well you speak and understand English
There are jobs in America.
Our unemployment rate is still over 7%
The problem is finding a job with benefits and make enough to support your family

The point of family visas is family reunification, not a path to citizenship for the hell of it. If he doesn't live in the US, there is no point for the family to get visas there.

This is 100% true and what I was trying to get at, your grandfather must physically live in the US in order to receive any kind of family based visa, no exceptions. If they see he has been living outside the US for any extended amount of time(they can tell by his visa stamps)said visas will be denied. He must set up domicile, simply having a US address will not be sufficient if he has been living outside the US for an extended time.

No. You can get a yeast infection from anything, even using the wrong products on your bits. All you need is some cream and/or a tablet. It's not a disease, it's a fungal infection that can be treated in a week and just gives you itchy bits.

You didn't. I didn't get that from you original post.
Best of luck with getting your French visa.

Why is everyone telling the OP to come back to the US and wait?
He has a joint sponsor.
He has a boss that is going to hold his job for him while he's gone.
He has a wife that will work while they wait together so they don't have to be apart like most of us on the forums.
If everyone that posted their opinion, of which he did not ask, had the means to do it, they'd be waiting with their loved ones in their arms every night instead of thousands miles away while the US Govt takes it's sweet time in doing what it does.
He asked simply what he could do about the Visa issue.
He didn't ask whether anyone thought if it was a good idea, or if they thought he should come back to the US and wait.
I'm glad you found some information Michael about what to do. I wish you the best of luck and I hope you are able to stay with your soon to be wife for the duration of the process.

Hey everyone thanks for all your support and ideas and suggestions.
Here is the latest update as to what to do:
The French administration is the more difficult side, but if i wait to come back to the US 2 weeks after we are married it IS possible to get the long-stay visa very quickly for France but I have no choice but to do so in Chicago (1-3 weeks processing time). We will call the French Embassy within a few hours and I can post official results asap.
Our plan: Get married in France June 7 (all the paperwork, translations, meeting with the mayor is all finished and good to go). 2 weeks later I fly alone to the US and go to the French Embassy to apply for the long-stay visa. In the meantime I go stay with friends and work for 1-3 weeks while I wait. Then I come back to France and turn in our i-130 packet and we wait together.
That so far seems to be the simpliest solution, I can work as soon as I arrive (In Michigan) so it will cover cost of the ticket and since I will have a long stay visa and married to a French citizen I will be able to work (In France) so it can help for getting us back to the US.
and Yes my boss knows how long the wait it, it is a very small company with only 3 employees and he is a close friend who is married to a Swedish woman so he knows the mess involved and is helping any way he can to get us back. So yes my job is available anytime.
I didn't intend to sound rude or to be special compared to anyone on this site who is waiting for their significant other who is far away, my sincere apologies.

I guess I find this to be insensitive. We all miss our significant others, and I don't think there's a single one of us who wouldn't snap our fingers in a second to bring them over if we could. I didn't get that the O.P. thought he was deserving of different, more prioritized service than anyone else. He's clearly someone who doesn't fully understand the system yet, and is here to get education and answers from a supportive community. Let's try to be that community.

Um...the large of users on this board had to wait for their fiance or spouse while doing US immigration. Why do you consider yourself to be more special snowflake than any other people who are also waiting for their loved ones? I suggest you go home, apply for a CR1 visa for her, and wait for it, like everyone else.
As for prolonging a visa to France, I have no idea. This would be better addressed on a French immigration forum. I will tell you that it's highly inadvisable to overstay your visa. In the US, this bans you from visiting the country in the future. I don't imagine that it's all that different in other countries and if you want to visit France in the future with your wife to see the grandparents and friends, don't overstay.

If you and your wife are broke who will fulfill the affidavit of support, and where will you get money to survive when you move to the US? Questions the embassy will no doubt pose

There have been many successful petitions and, if your documentation is in order, you should be fine. The main thing is that the state you get married in has to recognize your marriage as an opposite-sex marriage (California does). I know of 5 different marriage petitions involving a transgender spouse in the last 4 years and all were easily approved with no delays at all. The case I'm aware of that was delayed (significantly) was more like 8 years ago and a lot changed in the years since that. If you have any questions, I highly recommend contacting someone at Immigration Equality (www.immigrationequality.org) - they are very experienced and knowledgeable and have lawyers available to answer questions for free. Good luck and congrats!

Thank you Fight for Love! You're so kind. I am hoping that the IO won't see me as a guy.

well, it ain't legal yet, so you're going to be the 'lab rat' , i think, for testing what's what.
who cares about the scrutiny from USCIS employees? don't fret that, as you want humans there to view things that you submitted.
IF/WHEN DOMA is overturned
or
IF/WHEN gender is removed from the new immigration bill
then
you have 100 percent chance of success with it.
For now, submitting the paperwork gets you a spot in the queue. When your turn comes for adjudication in the queue, take another look at DOMA and the new immigration bill - see what's what. It may be that timing was perfect on the submission, who knows?
Good Luck !

What you stated is sad but a harsh reality on VJ. Most of the veterans or the members are polite and considerate, but you can't expect not to come across the blunt and bitter ones! This is a huge group of people from all over the world with different backgrounds and pasts. It is bound to happen. Take it with grain of salt.
It is important to keep in mind that not everyone will respond the way you would treat them if you had the chance. Yet, one can set examples for others to follow. I have an endless respect for the members who have been here for years and are still giving great advice even after their visa journey is over just to lend a hand or an advice to someone in need.
It takes all kinds so people to make this world go around....and it makes you stand out for your examples which you set which is in your hands...
Stay blessed and thanks for the heartfelt post. Good luck and best wishes in your journey.

I think because so little is actually known about the actual process for each case, it may not actually be "unfair". It may be that certain cases require more work(even if you know it doesnt, they don't know you, and have to follow their own protocols whatever they might be).

I think its a really crappy position to be in, but I think it may just look unfair. Super irritating and hard on people that want to be together(believe me I get it!). All that aside, we only get to see the timeline, not what goes on behind the scenes or why.

You are wrong. Your case got expedite because you are US citizen.
OP is a Green Card Holder, he has to wait for the priority date to become available.
As Penguin_ie has mentioned in the early post:
"In short: Once they work on your case, an expedite can make them work faster.
They are not working on your case, they are waiting for your number to come up.
A greencard holder's waiting time CANNOT be expedited."

Absolutely family comes first, and that is your choice to make. Keep in mind that a greencard holder is supposed to spend more time inside the USA than outside. If you spend longer than a year outside the USA, your greencard will be taken away unless you have a re-entry permit, which allows you to be out for up to two years with good reason; you do need to apply for it before you leave, and of course without your business, you may not have the financial means to sponsor your wife and child into the USA.
In short: Once they work on your case, an expedite can make them work faster.
They are not working on your case, they are waiting for your number to come up.
A greencard holder's waiting time CANNOT be expedited.

You missunderstand what can be expedited. Even if you had the best reason in the world for expedite, the waiting for a priority date (currently about 2.5 years for spouse of a greencard holder) CANNOT be expedited. What can be expedited is the actual processing- ie for a US citizen it usually takes 9-12 months to get a spouse here- that is the actual processing of the case. That part can be expedited with good reason, such as terminal illness or impending deployment with the US military.
Again, I understand wanting to be with your wife and child, but remember it';s not only your business on the line- by leaving the USA for an extended period of time, you also risk loosing your greencard.

i thought I-130 was to petition relative to immigrate..
i don't see how the expedite of form and you leaving the country are related to this form.
or am i missing something with this.. ?

You said you bought an apartment in Boston. Visitor visas are not for the intent to stay and sorry to say but if you bought a place to live it looks like you had no intention of ever returning home. Just because family is here does not mean automatic approval for you to stay. I am sorry to hear of the struggle, but I am not surprised. You can try the things suggested so far, but also know there is a good probability you may need to wait a good while.