Max2

Thanks Omoba and Reeses16 for your assistanct. I greatly appreciate it.

Regards,

Max.

My fiancée went for her interview on September 4 and had a long interview. The person doing the interview asked her a couple of questions that I have not heard asked before, one of which was: Mexico is much closer to US and has many good girls; why did not your fiance look to find someone there?

After the long interview, they told her that she was approved and for her to return the following day and pickup her passport and visa . The following day when she returned, they told had that they are have “a technical difficulty” and the visa is not ready . They told her that they would contact her when the technical difficulty is resolved. Before leaving my fiancée asked if there was anything wrong with her documents and they assured her that her document was all okay.

My fiancée told me that the day she went there for her interview there came a family for their interview. This family was also asked to return the following day to pickup their visa. My fiancée happened to arrive at the embassy the following day at the same time as this family and they actually had their visa ready for them. My fiancée called them three days later and they still told her that they are experiencing a technical difficulty. So, my question to the board is:

1. What type of “a technical difficulty” could it possibly exist that prevent an embassy from issuing a K-1 visa but not other types of visa?
2. Has anyone seen or heard that an embassy use this type of an excuse to prevent processing a K-1 visa?
3. What can we do at this point?

Thanks in advance for any assistance we get.

Max.

Thanks everyone for your input. I greatly appreciate it.

Regards,

Max.

My fiancée is from Uzbekistan and she is scheduled to go for her interview next week.

I would greatly appreciate for any feedback on the type of questions normally asked at the K1 interview.

Regards,

Max.

We haven't really seen reports of fiancees being asked about this. I suppose it would be good for her to be prepared to indicate she is aware of the criminal background questions on the I-129F petition and that she knows you answered no to those questions. I doubt the subject will come up. Please let us know if it does.

Thanks for your reply. However, is not part of IMBRA that when you meet a woman through a marriage agency, they are required to have presented her with a copy police report? This IMBRA has made matters so much more confusing

My document was sent from NVC to Uzbekistan embassy two weeks ago. Last week they called my fiancée from the embassy and asked her to come by and pickup her package. The interview time is set for September 4. I am very, very happy about it and hope the next three weeks go very quickly.

Over the next few days I will be sending her all the required documents. Since I met my fiancée through an online agency (bought her profile and wrote her an email). I also indicated this fact in the K-1 petition. I have no criminal history with regard to the “specified crimes” under IMBRA. So, can she be asked in the interview if she has seen my criminal history report? If so, do I need to get and send her my criminal history record?

Thanks in advance,

Max.

Have you tried calling USCIS? or contacting your local congressional representative?

What is the number to call? I called CSC today at 1-800-375-5283 and was a total waist of time! Each and ever option was a dead-end. Is there a better number to call?

Thanks,

Max.

I received an RFE for my K1 petition on June 7. I mailed the information requested as well as all the supporting documents on June 15 using the envelop they provided. I send it in using a U.S. Post Office with certified with return receipt. As of yet I have not received the notification of delivery. I used the provided Post Office tracking number to check the status online and all it tells me about the status is: Arrival at Unit.

Now, I only live 50 miles away from California Service Center. So, one would assume that it would take a lot less time to deliver a certified letter and get a receipt back. Has anyone sent an RFE using a certified mail to CSC P.O Box? If so, how long did it take before you received the notification of delivery? In other words, do I have a reason to be worried that the letter might have been lost?

Thanks,

Max.

Thanks,

Max.

If you're now considering filing another I-129F application for another fiancee, I'm not sure, but I think you want to send a letter to USCIS officially withdrawing the previous application. Maybe someone with more info can answer this for you, but if you're looking at filing a new petition, you want to make sure you document your previous petition's withdrawal, or permanent "closing".

-P

Paula,

That is exactly the situation. With one exception, and that is I have already filed for the second one back in March of 2007, and a few days back I received a "Notice of Intent to Deny" since I have already had more that one Fiancé visa approved over the last 2 years. But I need to know what I can do at this point to make things right. Therefore, the issues might be two fold:

1) To write a request for waiver explaining my circumstances and why I should be granted a waiver to proceed with the second application.

2) The fact that my first application was not withdrawn properly.

I would greatly appreciate any assistance.

Thanks,

Max.

I just saw that you posted your question in the IMBRA Special Topics forum, where I was about to direct you. Kitkat answered your question there. Read the reply, its quite informative and tells you what you need to do. In the meantime, you should still get in touch w/ USCIS through their 1800 number and inquire about the process to withdraw your previous petition. You would probably need to have proof that you withdrew your previous petition to mail with this letter response to your NOID.

Good luck,

-P

Paula,

I can not find the answer provided by KitKat. Would you please provide me a link to the answer you are referring to?

Thanks,

Max.

Thanks again Paula,

I have already contact the USCIS and set up and appointment to go to the local office this coming Wednesday.

On a separate topic, does anyone happen to know, what a request for withdraw looks like and how long does it take for it be processed?

Max.

I did one back in 2004. I simply stated that USCIS case number LINxxxxxxxxx should be closed immediately with no further action. Very short and sweet. I received official notice within a couple of weeks but my case file was current and not "stale" as yours appears to be.

Fwaguy,

Does the letter needs to be notarized? I mean anyone with the right amount of information can send a letter to USCIS and ask for a complete termination of a visa. Since I scheduled a meeting with the local immigration office, I would like to have the letter complete ready to be filed if they require me to do so.

Thanks again Paula,

I have already contact the USCIS and set up and appointment to go to the local office this coming Wednesday.

On a separate topic, does anyone happen to know, what a request for withdraw looks like and how long does it take for it be processed?

Max.

I did one back in 2004. I simply stated that USCIS case number LINxxxxxxxxx should be closed immediately with no further action. Very short and sweet. I received official notice within a couple of weeks but my case file was current and not "stale" as yours appears to be.

Paula,

What is the LIN#? All I see on my letter of approval is Petitioner A#, Beneficiary A# and the receipt WAC#.

Max.

LIN refers to the service center that processed the case, LIN=Nebraska, MSC=Missouri, EAC=Vermont, WAC=California...

Thanks!

1) To write a request for waiver explaining my circumstances and why I should be granted a waiver to proceed with the second application.

2) The fact that my first application was not withdrawn properly.

IMO, #2 would have been a "nice to have" but is less important in the short term than #1. You have a "Notice on Intent" that you need to deal with post haste. So, YES submit a letter of explanation regarding the facts and circumstances about the first petition and close your disertation by saying "I hereby request a waiver"..... or something to that effect....

I have already written the letter for request for waiver and it is ready to go. I the USCIS and set up and appointment to go to the local office this coming Wednesday. I will wait to see what they have to say about this, but at the mean time, on what bases do you say that the second one is a "nice to have"?

Max.

It would be nice to have or know that the original petition was officially closed... that is what I meant.

Okay. Thanks.

However it would be good to know what exactly USCIS requires me to do or have. In other words, if it is required then I must have it, if it is a good to have, then it should not be a big problem.

Max.

Thanks again Paula,

I have already contact the USCIS and set up and appointment to go to the local office this coming Wednesday.

On a separate topic, does anyone happen to know, what a request for withdraw looks like and how long does it take for it be processed?

Max.

I did one back in 2004. I simply stated that USCIS case number LINxxxxxxxxx should be closed immediately with no further action. Very short and sweet. I received official notice within a couple of weeks but my case file was current and not "stale" as yours appears to be.

Paula,

What is the LIN#? All I see on my letter of approval is Petitioner A#, Beneficiary A# and the receipt WAC#.

Max.

1) To write a request for waiver explaining my circumstances and why I should be granted a waiver to proceed with the second application.

2) The fact that my first application was not withdrawn properly.

IMO, #2 would have been a "nice to have" but is less important in the short term than #1. You have a "Notice on Intent" that you need to deal with post haste. So, YES submit a letter of explanation regarding the facts and circumstances about the first petition and close your disertation by saying "I hereby request a waiver"..... or something to that effect....

I have already written the letter for request for waiver and it is ready to go. I the USCIS and set up and appointment to go to the local office this coming Wednesday. I will wait to see what they have to say about this, but at the mean time, on what bases do you say that the second one is a "nice to have"?

Max.

If you're now considering filing another I-129F application for another fiancee, I'm not sure, but I think you want to send a letter to USCIS officially withdrawing the previous application. Maybe someone with more info can answer this for you, but if you're looking at filing a new petition, you want to make sure you document your previous petition's withdrawal, or permanent "closing".

-P

Paula,

That is exactly the situation. With one exception, and that is I have already filed for the second one back in March of 2007, and a few days back I received a "Notice of Intent to Deny" since I have already had more that one Fiancé visa approved over the last 2 years. But I need to know what I can do at this point to make things right. Therefore, the issues might be two fold:

1) To write a request for waiver explaining my circumstances and why I should be granted a waiver to proceed with the second application.

2) The fact that my first application was not withdrawn properly.

I would greatly appreciate any assistance.

Thanks,

Max.

I just saw that you posted your question in the IMBRA Special Topics forum, where I was about to direct you. Kitkat answered your question there. Read the reply, its quite informative and tells you what you need to do. In the meantime, you should still get in touch w/ USCIS through their 1800 number and inquire about the process to withdraw your previous petition. You would probably need to have proof that you withdrew your previous petition to mail with this letter response to your NOID.

Good luck,

-P

Thanks again Paula,

I have already contact the USCIS and set up and appointment to go to the local office this coming Wednesday.

On a separate topic, does anyone happen to know, what a request for withdraw looks like and how long does it take for it be processed?

Max.

Max,

I would have been good to have written to the USCISto withdraw the petition when you terminated the relationship.

Yodrak

Sorry Yodrak for the misunderstanding.

It was the approval of the I129F petition. In other words, I filed for my first K1 visa back on Feb 2006, by May 2006 I received its approval. However, by then my relationship with her had already been terminated. The approval I received was only valid from May 2006 through Sept 1st of 2006 (based on what it said on the approval letter). I took no further action about that and since it had an expiration date on it (Sept 1st of 2006) I figured it is permanently dead. What I would like to know is that if I should file for "request to withdraw" or anything else?

Thanks in advance,

Max.

Also, once I got the approval I contact an immigration lawyer that my family has known for over 30 years and he was the one suggested not to do anything about it and simply let it expire. When I called him today, he told me that he is simply not familiar with new laws anymore. In other words, I got screwed over getting a bad advice!

Max,

Please clarify - are you asking about a K1 visa or about the I-129f petition that precedes the visa application?

Yodrak

Do I need to file and receive approval on a K1 visa that was approved, but later expired (expired on 09/01/2006) or just the fact that it was expired it means that nothing more needs to be done about it?

Thanks,

Max.

Sorry Yodrak for the misunderstanding.

It was the approval of the I129F petition. In other words, I filed for my first K1 visa back on Feb 2006, by May 2006 I received its approval. However, by then my relationship with her had already been terminated. The approval I received was only valid from May 2006 through Sept 1st of 2006 (based on what it said on the approval letter). I took no further action about that and since it had an expiration date on it (Sept 1st of 2006) I figured it is permanently dead. What I would like to know is that if I should file for "request to withdraw" or anything else?

Thanks in advance,

Max.

While the petition approval was only for four months the petition would have maintained a life after approval. It most likely transited to NVC and then was passed on to the consulate of the country of the beneficiary. The consulate would have sent out the application materials to the beneficiary. At which time the beneficaiary could have applied for the visa. While incredibly unlikely, a visa could have been issued....

Did you receive any communication about the petition other than the original approval notice?

No. No further communication.

Max,

I would have been good to have written to the USCISto withdraw the petition when you terminated the relationship.

Yodrak

Sorry Yodrak for the misunderstanding.

It was the approval of the I129F petition. In other words, I filed for my first K1 visa back on Feb 2006, by May 2006 I received its approval. However, by then my relationship with her had already been terminated. The approval I received was only valid from May 2006 through Sept 1st of 2006 (based on what it said on the approval letter). I took no further action about that and since it had an expiration date on it (Sept 1st of 2006) I figured it is permanently dead. What I would like to know is that if I should file for "request to withdraw" or anything else?

Thanks in advance,

Max.

So what are my options now?

If you're now considering filing another I-129F application for another fiancee, I'm not sure, but I think you want to send a letter to USCIS officially withdrawing the previous application. Maybe someone with more info can answer this for you, but if you're looking at filing a new petition, you want to make sure you document your previous petition's withdrawal, or permanent "closing".

-P

Paula,

That is exactly the situation. With one exception, and that is I have already filed for the second one back in March of 2007, and a few days back I received a "Notice of Intent to Deny" since I have already had more that one Fiancé visa approved over the last 2 years. But I need to know what I can do at this point to make things right. Therefore, the issues might be two fold:

1) To write a request for waiver explaining my circumstances and why I should be granted a waiver to proceed with the second application.

2) The fact that my first application was not withdrawn properly.

I would greatly appreciate any assistance.

Thanks,

Max.

I am a bit confused, did you break up with fiancee and want to withdraw the petition even after it has expired, you may have to contact the embassy and have it returned to USCIS.

Please update your profile, the details sometimes help with unclear questions.

YuAndDan,

Once again sorry for not making it very clear to begin with. I just added additional information in order to make this more clear. Please let me know if I should clarify further.

Thanks in advance,

Max.

Max,

Please clarify - are you asking about a K1 visa or about the I-129f petition that precedes the visa application?

Yodrak

Do I need to file and receive approval on a K1 visa that was approved, but later expired (expired on 09/01/2006) or just the fact that it was expired it means that nothing more needs to be done about it?

Thanks,

Max.

Sorry Yodrak for the misunderstanding.

It was the approval of the I129F petition. In other words, I filed for my first K1 visa back on Feb 2006, by May 2006 I received its approval. However, by then my relationship with her had already been terminated. The approval I received was only valid from May 2006 through Sept 1st of 2006 (based on what it said on the approval letter). I took no further action about that and since it had an expiration date on it (Sept 1st of 2006) I figured it is permanently dead. What I would like to know is that if I should file for "request to withdraw" or anything else?

Thanks in advance,

Max.

Do I need to file and receive approval on a K1 visa that was approved, but later expired (expired on 09/01/2006) or just the fact that it was expired it means that nothing more needs to be done about it?

Thanks,

Max.

an update.

whatever it was i said in the letter must have been acceptable

as our petition has been approved.

took less than a week after i mailed the waiver back.

thanks all for the help.

I just got the same exact intent to deny my case because of having a previous k1 visa approved.

Would you please provide a sample of the waiver request letter you submitted? Furthermore, is there a form that need to be submitted and if so, what is the form number and where can I download it from?

Thanks in advance,

Max.

There is no form....and if you look at post #7 in this thread you have an example...

I read you reply only after I sent you a letter. Thanks for your input.

Aside from a well explained letter, what other documents should be included in this package?

Thanks.

an update.

whatever it was i said in the letter must have been acceptable

as our petition has been approved.

took less than a week after i mailed the waiver back.

thanks all for the help.

I just got the same exact intent to deny my case because of having a previous k1 visa approved.

Would you please provide a sample of the waiver request letter you submitted? Furthermore, is there a form that need to be submitted and if so, what is the form number and where can I download it from?

Thanks in advance,

Max.

I have received a notice to deny and requesting me to submit a waiver for the K-1 visa that I applied for on Feb of 2006. That K1 visa was approved, however the relationship between her and I was terminated without her ever setting foot on U.S. soil.

Now I have met a new girl and applied for a fiancé visa. The application was submitted on first few days of March 2007. I received a letter yesterday that states:

"Since the petitioner has filed two or more K-1 petitions at any time in the past or previously had a K-1 visa petition approved within two years prior to the filing of this petition, the petitioner must apply for a waiver."

I would appreciate any help any suggestion on how to go about handling this.

Furthermore, what is the request for waiver’s form number and where can I download it from?

Thanks.

Nellag,

I just received the same exact waiver request on my K1. What was the outcome of yours?

Thanks,

Max.