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mossycade

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Posts posted by mossycade

  1. 1st

    Best choice would be NOT to use that visa unless it is for the purpose it was issued.  If you are found out, you could be sent back home and banned for years from reapplying.  A member of my family (USC) had his wife (UK) banned for 10yrs and all she did was overstay her old US visa in 2002.

    2nd

    You should take action yourself to notify the embassy that you don't intend to use the visa and the reason why because it WILL effect your next attempt if there is one.

    3rd

    Ask you ex to submit a withdrawal letter.  ONLY he can do that, you CANNOT.  It should expire and die on its own but it may not.  That is from my own K1 experience in 2016.  My fiancee had and ex.  They previously filed for K1 it was approved and they broke up before her interview.  15 months later we met and applied ourselves.  Prior to filing the embassy and USCIS both said that the old case would be no problem because it "should have" expired, so we filed in 2016.  At her 2016 interview she was refused due to multiple petitions for same beneficiary.  The old case was 21 months old at that time and they refused to acknowledge the expiration.  I had to locate and contact her ex here in the US and convince him to submit a withdrawal letter.  That cost us 6 months or waiting for the letter to take effect, allowing us to re-apply, and then 6 more months waiting for our 2017 case to process.  If there is any remnant of that old case that is not "officially" closed.  They will ambush you with it at the interview and wreck your next attempt.  They will allow you to reapply wait months and months, pay all the fees get all the way to the interview and THEN they will send you home with your passport.

    4th

    If your goal is to meet a good person and make a new life in a new place, don't be discouraged by comments here or at home.  My fiancee is one of the most resilient ppl that I have ever known, because of that we have persevered and her visa was mailed to her 24hrs ago.  Be smart, be careful and be honest and you will make it.  Good luck.^_^

  2. The interview is not as tricky as it may seem.  Generally, they don't typically know more than what is presented in your documents.  Criminal history, public records information is part of the background check that they do indecently.

     

    If the person answers questions or presents information that is not consistent with what was provided in the documents and background checks that is basically and automatic fail.  From what I have learned here, they seem to like to ambush you with information that they find that you have not come forward with.  The more they find the worse your chances become.  There is also no way to know how the person presented themselves or if they were clear and transparent at the interview without being there.

     

    Having the lawyer do all of the work seems like a great idea, but I think it leaves the client knowing less.  We completed all of the documents on our own and worked side by side to make sure everything was correct and consistent on every document.  By the end we both wound up with crystal clear memories of what was presented vs what we had shared in conversations and chatting.  I think that it helped her to be supremely confident no matter what was asked.  That, plus the fact that our backgrounds were both very simple with no crimes or issues if any kind (only my divorce).

     

    The only way to eliminate any fear or doubt is to first know everything you put on paper, and to put everything on paper so that you are answering questions that you already have answers to and not things that you thought they would not know or ask.

     

     

  3. Yes you will need the waiver if you apply again within 2 yrs of the previous approval date.

    Anyone that says you do not is setting you up for failure. 

    Because, If you submit the waiver and it is not needed, they will ignore it and process your case normally.

    However, if you do not send it and it is is needed, you will have to start over and lose weeks and weeks of processing times.

     

    You have done the right thing by submitting the withdrawal letter with an explanation.  If you reapply, you will need to provide the letter they send you notifying you that your old case is closed.

  4. I thought it was only extended at the request of the petitioner or if there was embassy RFE or AP issue outstanding. Tough to say. I just don't believe there is a "No Expiration" situation or that going to a tier 2 supervisor, an infopass or congressman's office wouldn't get a result. There is something missing from the story.

    A Timeline for both petitions to see how close there were in filing and where both of them were in the process. It's a rant with a generic background story.

    10/28/2016 - Wedding!

    Advanced CONGRATS!
    I wasn't looking for help with my topic. I was advising people against spending too much time on games with USCIS. They will not help you in any way. What I recommend is to see them only to document your efforts and go straight to your congressman. Lawyers will not take your case either.
    I was lucky enough to reach petitioner #1 and convince him to submit a signed notarized letter to the USCIS and to me. Otherwise I would be here sharing a detailed story and hoping for guidance.
    Instead I am offering the little info I have, because during my search for help I found little or no info.
  5. That is true, USCIS does not enforce their own rule on the expiration date. Not for everyone, not for all countries, so back to

    my question why the PI ? Many had 1 or more petitioners and are filing again without any problems even though it is the exact same situation,

    where beneficiary did not go to the interview due to a failed relationship and the petitioner never bothered to withdraw / close the

    petition. However, as soon as a K1 is refused and returned to USCIS you bet your bottom dollar that it is then allowed to expire

    on purpose (due to an old law suit) and petitioner will receive a letter of expiration.

    I am inclined to believe that only a law suit against these so called 'not withdrawn' petitions can make it possible to move forward

    by forcing them to close out these old abandoned petitions.

    Why should a beneficiary have to get 'stuck' in the process because a petitioner refuses to withdraw, makes no sense.

    I have talked to 3 lawyers, all of whom refused to represent me because the privacy act prevents any not party to the petition from accessing the information about. Even though we have all of the documents from petition #1, I am not party so I have not rights, and the beneficiary has not authority in to take action other than just refusing the medical exam and interview which was done in writing before petition #1 was approved.

    My basic warning is that there is not logic in the removal process. Regulatory timelines somehow don't apply and the people effected by the old petition have no right or authority to take action. My congressman only has the power to "urge" them to remove the petition.

    I sat in front 3 ISO's explained what I believed their timeline rules me, they all agreed with me. Then they told me that they are not required to acknowledge the timelines and that they WOULD NOT take any action to remove the petition. I was told to get a lawyer or contact me congressman. I was afraid being tagged or flagged negatively in some way, so I thanked them, gathered my documents and left quietly.

  6. That should be settled at the CO's discretion, if they feel the beneficiary is K1 visa shopping, return the petition where it

    expires like I said above.

    Multiple filings are allowed, even under 2 years with a waiver request that the petitioner includes (Imbra).

    That is the process and the petitioner will not be stuck.

    The same should be possible for a beneficiary.

    Multiple means more than 1, not many. Our petition is her 2nd.

    She has not seen petitioner #1 since 2012 and our petition was filed in 2016. I think that is an acceptable amount of time between relationships to remove guilt or suspicion.

    Ending a relationship is not grounds for suspicion or refusal.

  7. is there anyway some one can know or track old petition to see if it's still active or withdrawn by petitioner?

    Due to the privacy act, you cannot ask any questions about other cases unless you are the petitioner, beneficiary or appointed representative of the petitioner.

    In our case we have all of the old documents and case info. We began tracking the old case prior to submitting our own. I contacted the US Embassy Philippines by phone and by email and was told it was too old to be a factor. I also visited the USCIS prior to filing my petition. USCIS told me that based on the age and inactivity of the old petition, it would be no factor. The USCIS subsequently approved our petition and went it to the US Embassy Manila. At her interview they pulled out the old petition, questioned her about it and then refused our current petition and sent our case back to USCIS.

  8. But the NOA2 gets 'revalidated' does it not?

    I have read over time that if nothing is done at the embassy level, like setting the interview, eventually it just "expires".

    But also there have been threads on here where even after a year some petitions were sitting back at USCIS and caused conflicts with new petitions for the same beneficiary. Only way those got resolved were through original petitioner agreeing to write in and withdraw the old peittion.

    1 prior. None of us are married to the first partner we ever had or we wouldn't be in the forum.

    Don't forget that dishonesty exists on both sides of the "VisaJourney".

    If either, petition or beneficiary, finds the other to be something other than what they present themselves to be, it is not wrong to end the relationship.

    The problem we are facing is that the governing bodies do not acknowledge the timelines set for abandoned cases. 4 months after approval without action the petition is expires. That's written on the form. 18 months without an interview is the next cutoff. Both have passed in this instance.

    And as a beneficiary, you have no right to any part of the process. What sense does it make to only allow the petitioner to withdraw a petition. The petitioner is not allowed to refile for 2 years after an approval, so the same 2 year blackout could be extended to the beneficiary to keep it simple.

  9. If one person has had multiple US fiances then it seems like they are just fishing for a visa.

    Don't forget that dishonesty exists on both sides of the "VisaJourney".

    If either, petition or beneficiary, finds the other to be something other than what they present themselves to be, it is not wrong to end the relationship.

    The problem we are facing is that the governing bodies do not acknowledge the timelines set for abandoned cases. 4 months after approval without action the petition is expires. That's written on the form. 18 months without an interview is the next cutoff. Both have passed in this instance.

    And as a beneficiary, you have no right to any part of the process. What sense does it make to only allow the petitioner to withdraw a petition. The petitioner is not allowed to refile for 2 years after an approval, so the same 2 year blackout could be extended to the beneficiary to keep it simple.

  10. Interesting since the NOA2 I-797 Clearly states a valid to from date such as 6/1/2016 to 9/30/2016. The interview needs to be done by then. The K-1 has a clearly printed expiration date. So, how far along in the process did the beneficiary get in the prior K-1 application?

    I have a copy of the old 129f petition in hand. It was approved without incident. She refused to schedule the interview or medical exam and notified them in person that she had terminated/abandoned the relationship months before the approval date.

  11. I thought it was only extended at the request of the petitioner or if there was embassy RFE or AP issue outstanding. Tough to say. I just don't believe there is a "No Expiration" situation or that going to a tier 2 supervisor, an infopass or congressman's office wouldn't get a result. There is something missing from the story.

    A Timeline for both petitions to see how close there were in filing and where both of them were in the process. It's a rant with a generic background story.

    The USCIS directed me to contact my congressman or a lawyer. They also made it clear that no matter what steps i took the had final say in what will or will not be done.

    Spending years in the process is not a solution. Our case is simple. No crimes, no secrets and no scams. There is a 20 month old petition just sitting in the way and as long as it only costs the two of us, why would anyone else be interested in acting on our behalf. Ending a bad relationship left the petition in the system, that's the whole story.

    My case was not denied only refused, but the refusal is indefinite as long as the other petition exist. All other petitions of any kind for same beneficiary would also be refused during the interview process due to the same issue, CR1 included.

  12. Interesting since the NOA2 I-797 Clearly states a valid to from date such as 6/1/2016 to 9/30/2016. The interview needs to be done by then. The K-1 has a clearly printed expiration date. So, how far along in the process did the beneficiary get in the prior K-1 application?

    You're 100% correct. I spent over 5 hrs on 3 visits to 2 different USCIS offices and both did and said the same thing. They acknowledged and AGREED that everything i said, produced and referred to in their own guidelines was correct, but maintained that they would not remove the petition under any circumstances including the death of the other petitioner unless I could produce a copy of his death certificate and an explanation as to why even then they should withdraw the old petition.
    I was just fortunate that I was able to finally reach the old petitioner and get a notarized withdrawal letter directly from him in addition to having him send the letter to the USCIS himself.
    I am only sharing so other couples don't waste time arguing the rule. It is pointless when the rule making authorities will not enforce or apply simple timelines or expiration dates.
  13. K1 Visa Refusal - Multiple petitions for the same beneficiary - US EMBASSY MANILA


    Refusal - Multiple petitions for the same beneficiary.


    It is a huge looping trap.

    The only way out without contacting a congressman is to have the old petition withdrawn in writing by the old petitioner.


    The beneficiary has no rights in the withdrawal process. Basically, they do not exist in the process beyond refusal and all other petitions will be refused due to the old petition. The effect is like a lifetime ban from US entry

    - The old petition has no expiration date or self-removal process that the USCIS, NVC, Dept of State or US Embassy will apply (so waiting will not help).

    - The timelines and deadlines mentioned in the 129f instructions and other state department guidance will not be acknowledged (reason unknown).

    - Information about the old case blocking your case will not be accepted due to the privacy act.

    - No lawyer will be interested in taking your case.


    Give USCIS a few tries for the record, document all feedback and appointments and then use that when preparing to submit your case to your congressman.


    If you were refused during the interview, you have probably already waited about 180 days, so don't waste too much trying to explain the "logic" to the USCIS. They will read every rule and regulation, agree that you are right about expiration and timelines and then they will tell you there is nothing that they can or will do (even if the other petitioner is dead).


    Bottom line...

    Don't waste time with any of the organizations involved in the visa process once they tell you that there is nothing you can do. Do everything you can to convince the other petitioner to withdraw (set aside pride, ego or disputes), notarized in writing. If that is not an option, then save the time trouble and contact your congressman.


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