Need some advices on K1 Visa issue

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vovi008

New Member
Hi, I would like to sponsor my fiance from Vietnam over here since 2003 but encountering nothing but frustration with the US Consulate there. What happen is that I originally filed a petition to sponsor my fiance but we broke up soon afterward. I notified my lawyer at the time to file the necessary paperwork for withdrawal but due to some mistakes, that withdrawal paperwork was never received by the US Consulate Office in VN.

After that, I tried to file a petition to sponsor my current fiance over but I never realize that the petition for my former fiance is still in the system. As a result, the US Consulate Office rejects my petition thinking that my case is fraudulent due to 2 petitions in the system. I can assure you that this is not a fraud so as you can see am very frustrated and don't know how to proceed.

Thanks in advance for any advice.
 
Have you tried calling them? Or perhaps you should make a trip there in person, since you would have to visit her anyway, if I could I would go to the conulate office if I were you.
 
Hi, I already received a rejection letter and the file has been returned to the US somewhere. I'm wondering whether I should contact one of my state's senator to help intervene.
 
I'm a little confused by your post. Are you saying that there was two petitions filed for your fiance, the first one, then you broke up, then you filed a second petition???? If that is the case, where abouts in the system was the first petition? Was it still being held at the consulate, or had it been returned to USCIS? Had you informed USCIS of the first petition when you filed the second petition. I would recommend a lawyer familiar with HCMC.

This article by Mark Ellis may also shed some light on what has happened
Denials Of Family-Based Immigrant Visas At Consulates And DHS Petition Revocations

Regardless, have a read of this guide Returning Petitions/Applications Under Section 221(g) of the INA
 
I'm a little confused by your post. Are you saying that there was two petitions filed for your fiance, the first one, then you broke up, then you filed a second petition???? If that is the case, where abouts in the system was the first petition? Was it still being held at the consulate, or had it been returned to USCIS? Had you informed USCIS of the first petition when you filed the second petition. I would recommend a lawyer familiar with HCMC.

This article by Mark Ellis may also shed some light on what has happened
Denials Of Family-Based Immigrant Visas At Consulates And DHS Petition Revocations

Regardless, have a read of this guide Returning Petitions/Applications Under Section 221(g) of the INA
Click to expand...

Sorry for not being clearer. What I was trying to say in my original post was that there were 2 petitions for 2 different women. I tried to sponsor the 1st one over so filed the proper K-1 paperwork. However, the relationship went sour and we broke up. I called my lawyer to file a petition to withdraw her visa application but I did not found out until much later that this lawyer was having his license suspended and so never filed any withdrawal letter on my behalf.

At the time, I did not realize this and implicitly trusted that my lawyer did what I had asked him to do.

In any case, I met and fell in love with another woman. I then filed the K-1 application to bring her over to get marry. Unfortunately, the Consulate Office in VN detected that I have 2 K-1 applications and they returned all the paperwork to the USCIS in California.

I'm trying to get my new lawyer to file a letter of withdrawal but how do I check that he really does this correctly this time ? Can I appeal to the Senator's office to help me in my case ?

I hope this helps explain things a bit clearer this time.

Thanks for reading.
 
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