Waitingpatiently

thank you naito, you are right ... each case is treated separately... but then again some CO's can really be a strict detective... i just hope everythin goes well during the interview. We have enough evidence for bona fide relationship and so forth. And if i knew about vj, trust me I would have not hired a lawyer lol

Here is my story...

When I filed my first i-129f petition, I had a lawyer who persisted on getting an engagement certificate, supposedly it would make the case stronger. There are no engagement certificates at my fiance's country, so he got a marriage certificate at a stationery and crossed out all the marriage parts and input engagement. It was approved by USCIS but revoked by the consulate at Islamabad, stating that the beneficiary and the petitioner (which is I) are now married. However, we were not married and that certificate wasn't even registered. It got sent back to USCIS with the reason and is now at USCIS. Our relationship fell apart, so we didn't continue with that petition. This happened a year ago. The petition was revoked in May 2008

I filed a second i-129f petition for a different person (with a different laywer) and it is approved by the USCIS and is at NVC undergoing additional processing. My question here is, will the consulate in Islamabad revoke this petition because of the first petition? My new lawyer wrote that I stated under oath i was never married to my former fiance and do not wish to pursue that petion no more as our relationship fell apart. And my new lawyer says that the petition is now dismissed.

Would the consulate of Islamabad hold up the case as well? Please let me know for those of you who are familiar with the procedures of the consulate in Islamabad or how strict they are.

My fiance knows about my former fiance and why our relationship fell apart.

For those of you who are familiar with how the consulate at Islamabad is, please help me out in giving advice, thank you

1. You need to contact USCIS and see if the petition is dead or still pending. If it is still pending you need to withdraw it by writing a letter to them and cancelling it.

2. NVC can put your petition in AP and do background checks with the current petition. If it does not get it in AP it will go to Islamabad and then it can have issues there.

3. The CO may have your current fiance answer any questions concerning the older petition. They may have an issue of the first document altered and want to put this case in AP to verify the new documents submitted. Your fiance needs to be able to answer any questions about the relationship and as to why it is not longer valid.

4. Only the CO can answer if you will have any problems with the new petition. Islamabad is a strict embassy to go through and they do background checks to rule out fraud. Plus, most males end up in AP for security checks anyways. Good luck to you.

We got a letter from USCIS saying

the returned petition will now be stored at this office and no further action is required.

If it doesn't get AP in NVC, it can have issues at Islamabad? Currently I am under AP at NVC, so hopefully that will clear out some bumps throughout the journey

i hope all is goes welllll

Here is my story...

When I filed my first i-129f petition, I had a lawyer who persisted on getting an engagement certificate, supposedly it would make the case stronger. There are no engagement certificates at my fiance's country, so he got a marriage certificate at a stationery and crossed out all the marriage parts and input engagement. It was approved by USCIS but revoked by the consulate at Islamabad, stating that the beneficiary and the petitioner (which is I) are now married. However, we were not married and that certificate wasn't even registered. It got sent back to USCIS with the reason and is now at USCIS. Our relationship fell apart, so we didn't continue with that petition. This happened a year ago. The petition was revoked in May 2008

I filed a second i-129f petition for a different person (with a different laywer) and it is approved by the USCIS and is at NVC undergoing additional processing. My question here is, will the consulate in Islamabad revoke this petition because of the first petition? My new lawyer wrote that I stated under oath i was never married to my former fiance and do not wish to pursue that petion no more as our relationship fell apart. And my new lawyer says that the petition is now dismissed.

Would the consulate of Islamabad hold up the case as well? Please let me know for those of you who are familiar with the procedures of the consulate in Islamabad or how strict they are.

My fiance knows about my former fiance and why our relationship fell apart.

For those of you who are familiar with how the consulate at Islamabad is, please help me out in giving advice, thank you

Alright... thank you Gary and Alla!

Got ya! I will be calling them this Friday, as one of the operators said to do so... I know I won't be out of AP at that time, but like you said, it feels good to know you're doing something

In Islamabad, Pakistan

I have a question, what does the waiver do? How would it have helped the process?

That's an easy one! If you file more than one petition within two years you must request, in writing, a waiver (exception) to the rules limiting you to no more that TWO lifetime and no more than ONE within a two year period. You must explain why you are requesting and how you are qualified. My guess is the USCIS accepted your statement that you did not marry the first fiance as a "waiver request". The fact that he did not receive a visa and you did not get married is an acceptable qualification for a waiver for a second petition. Your attorney either knew this, or you got lucky and had a broad minded adjudicator.

haha i probably got lucky

ohhhhhhhhhhhhhh i seeeee... well i have a copy of the case and all the documents in whcih she submitted, but I don't see a waiver request... i wish i knew about vj earlierr

thank you Jim and Gary, you both reallly helped me out a lot!

I have a question, what does the waiver do? How would it have helped the process?

gotchya Gary and Alla thank you sooooo much.... i know you are probably frustrated going back and forth but thank youu i really appreciate it.

Gary and Alla...

My current lawyer didn't include the story of how my former attorney said an engagement certificate is needed. She said that you stating underoath that you were not married to your former fiance and that you do not wish to pursue that petition is enough. The first petition will get dismissed. ughh now i'm getting worried. I mean if the USCIS approved it, and my revoked petition was already there, then it must be enough for them to know that i dont want to pursue my first petition. So hopefully the consulate won't hold up the case.. right? =\

thank you gary and alla, reallly you are helping me out a lot! i appreciate itttt

my fiance does know I was engaged before, he knows about everything from the whole start of the process to the revoking of the petition. I know the consulate will ask my fiance, do you know your fiancee was engaged before, that i know for sure they will ask. what else will they ask though?

I suspect the "engagement certificate" your lawyer said you needed is what is referred to on this site as "letter of intent".

If your previous K1 petition was approved less than two years ago then you're going to need a waiver for the IMBRA filing limits. If your new lawyer doesn't already know this then fire him and find another lawyer.

the previous k1 petition was approved a year ago, but my current lawyer didn't do the waiver :\... i guess she didn't know... ughhhhhhhhhhhhhhhhhh

Wait...you said your petition was denied! Which is it? If the petition was denied, you do not need a waiver. If it was approved and the visa was denied at the consulate then you DO need a waiver and they will definitely ask questions about this to your fiance at the interview. Please let us know as it changes the answer.

Petitions and visas are NOT the same thing. YOU file a petition, the foreign beneficiary applies for a visa. If it was denied by USCIS then you never had a approved petition. If it was denied at the consulate then you DID have an approved petition.

it was not denied by USCIS, I mentioned that the petition was revoked by the consulate when they saw the engagement certificate... so if i didn't apply for a waiver, what questions will they ask of my fiance at the interview?

and will the consulate have access to the first petition that was revoked as they are reviewing the second petition? will they revoke the second petition because of the first petition?

I suspect the "engagement certificate" your lawyer said you needed is what is referred to on this site as "letter of intent".

If your previous K1 petition was approved less than two years ago then you're going to need a waiver for the IMBRA filing limits. If your new lawyer doesn't already know this then fire him and find another lawyer.

Jim, her previous petition was not approved. So she does not need a waiver.

OP...you are correct, There is no such thing as an "engagement certificate" in the USA. Maybe in some other country there is, BUT the USCIS requires no such thing for the petition. It IS required for each party to write and sign a letter stating they intend to get married within 90 days of the benficiaries arrival in the USA. The VJ sample is a good one, we used it exactly as printed except names and dates

Hi Gary.

Her petition was approved by USCIS. The visa was not granted.

OK, I did not understand that from reading. Better go back and read again.

If that is the case she DOES need a waiver and her fiance better be prepared for the questions. Even Kiev, which is a cakewalk compared to some consulates, grills people on this. If their answers are reasonable they get the visa. MOST IMPORTANT....number 2 fiance needs to KNOW he is #2. If they spring it on him at the interview and he isn't aware of it, you can expect another denial.

You will probably get an RFE for the waiver, OR the case may just be rejected and have to be re-submitted with a waiver. If you are going to use attorneys, use one that isn't stupid AND you need to inform THEM of all your past dealings with USCIS.

the thing is USCIS did approve the second petition too, and they noted on the approval notice that note this is your second approved petition... will they make a big deal about this at the NVC or at the consulate as to why I didn't file a waiver?

what do you mean by petition approved? you mean if my former fiance received the visa? is that what they mean by approved petition?

I suspect the "engagement certificate" your lawyer said you needed is what is referred to on this site as "letter of intent".

If your previous K1 petition was approved less than two years ago then you're going to need a waiver for the IMBRA filing limits. If your new lawyer doesn't already know this then fire him and find another lawyer.

the previous k1 petition was approved a year ago, but my current lawyer didn't do the waiver :\... i guess she didn't know... ughhhhhhhhhhhhhhhhhh

Triple post

sorry I realized I posted it on wrong forums, i tried to delete them but i couldn't find a way to delete them

Thank you Gary and Alla, for your advice, it really helped a lot.

I told the lawyer there is no such thing as an engagement certificate, I don't even think there is one here in America.

The second lawyer had mentioned it in the first letter of all the documents the lawyer had listed, that I stated under oath that I was never married to my former fiance and do not wish to pursue that petition.

The consulate had stated that the "engagement certificate" is a marriage certificate, when I had emailed the consulate at that time to follow up on the interview date. This all happened a year ago. If I knew about the VJ, I wouldn't have got a second lawyer. All I know, is VJ will help me through the rest of the journey (AOS and so forth) for sure!

The second petition is approved and going to the same consulate as last year, so i'm just wondering if the consulate has access to the previous petition on their computers or something. They sent a letter last year that the petition was already sent back to NVC and that NVC sent it back to USCIS. So i'm guessing they don't have it anymore?

My fiance knows that I was previously engaged, he knows everything so I'm not worried about that. I'm just worried about the consulate not revoking this one because of the first petition.

I(petitioner) had filed my first visa petition for someone else, and our lawyer said we needed an engagement certificate, he was very persistent about it, and his country doesn't have engagement certificates. So my former fiance got a marriage certificate from the stationery and crossed out the marriage part and put engagement. Our petition got revoked at the consulate, because the consulate thought that was a real marriage certificate when it wasn't even registered, and stated that the petitioner and beneficiary are now married, but really we weren't. So because of the hold up, our relationship fell apart and I did not continue with that petition anymore.

I met someone else and am filing a petition for my second fiance (i got a new lawyer too because the first lawyer turned out to be prejudice based on my judgement), will my history in filing a petition for someone different affect my fiance getting a visa? I had written an affidavit that I no longer want to continue with the first petition, and to withdraw. I also stated under oath with my lawyer, that I was never married to my former fiance.

In other words, will the consulate hold up my fiance's visa because of the first case. Since that was a marriage certificate changed into an engagement certificate, but we did not get married and stated under oath that I'm not married to my former fiance, will the consulate revoke the current petition that I filed now? The USCIS did not ask for a divorce certificate and they are aware of why the first petition was revoked.

What I'm trying to say is, does the consulate still have access to the revoked petitions or no? Or have history of the previous petition I filed? Even though, I wrote in the 2nd petition, I explained the whole situation from the certificates and stated under oath that I was never married.

Please give me some advice or any information that would help me avoid a delay... thank you

I(petitioner) had filed my first visa petition for someone else, and our lawyer said we needed an engagement certificate, he was very persistent about it, and his country doesn't have engagement certificates. So my former fiance got a marriage certificate from the stationery and crossed out the marriage part and put engagement. Our petition got revoked at the consulate, because the consulate thought that was a real marriage certificate when it wasn't even registered, and stated that the petitioner and beneficiary are now married, but really we weren't. So because of the hold up, our relationship fell apart and I did not continue with that petition anymore.

I met someone else and am filing a petition for my second fiance (i got a new lawyer too because the first lawyer turned out to be prejudice based on my judgement), will my history in filing a petition for someone different affect my fiance getting a visa? I had written an affidavit that I no longer want to continue with the first petition, and to withdraw. I also stated under oath with my lawyer, that I was never married to my former fiance.

In other words, will the consulate hold up my fiance's visa because of the first case. Since that was a marriage certificate changed into an engagement certificate, but we did not get married and stated under oath that I'm not married to my former fiance, will the consulate revoke the current petition that I filed now? The USCIS did not ask for a divorce certificate and they are aware of why the first petition was revoked.

What I'm trying to say is, does the consulate still have access to the revoked petitions or no? Or have history of the previous petition I filed? Even though, I wrote in the 2nd petition, I explained the whole situation from the certificates and stated under oath that I was never married.

Please give me some advice or any information that would help me avoid a delay... thank you

I(petitioner) had filed my first visa petition for someone else, and our lawyer said we needed an engagement certificate, he was very persistent about it, and his country doesn't have engagement certificates. So my former fiance got a marriage certificate from the stationery and crossed out the marriage part and put engagement. Our petition got revoked at the consulate, because the consulate thought that was a real marriage certificate when it wasn't even registered, and stated that the petitioner and beneficiary are now married, but really we weren't. So because of the hold up, our relationship fell apart and I did not continue with that petition anymore.

I met someone else and am filing a petition for my second fiance (i got a new lawyer too because the first lawyer turned out to be prejudice based on my judgement), will my history in filing a petition for someone different affect my fiance getting a visa? I had written an affidavit that I no longer want to continue with the first petition, and to withdraw. I also stated under oath with my lawyer, that I was never married to my former fiance.

In other words, will the consulate hold up my fiance's visa because of the first case. Since that was a marriage certificate changed into an engagement certificate, but we did not get married and stated under oath that I'm not married to my former fiance, will the consulate revoke the current petition that I filed now? The USCIS did not ask for a divorce certificate and they are aware of why the first petition was revoked.

What I'm trying to say is, does the consulate still have access to the revoked petitions or no? Or have history of the previous petition I filed? Even though, I wrote in the 2nd petition, I explained the whole situation from the certificates and stated under oath that I was never married.

Please give me some advice or any information that would help me avoid a delay... thank you

Isn't the Department of State and NVC the samething? or they have two different purposes?

thank you! I'm trying to stay as positive as I can... eventually it's going to get out of NVC sooner or later, and sent to the embassy.

It will, and I hope the latest trends of shorter times continue

thank youuu!!! I hope so too

thank you mstamiz!!... I had a question, i read in another post, i'm not sure taht someone asked their congressman to get in touch with NVC in regards of the AP that person was going through. The person at NVC said that their batch is next in process, is it true that once a batch is complete they go to the next? From what i'm seeing with everyone getting out of AP on June 24/25 thankfully, are all in the first two weeks of june range

I have a feeling it won't because of the July 4th holiday but who knows... I was thinking, are the operators also the ones that process our case or that's another staff?