QUESTION

How can we cancel K-1 application when petitioner refuses?

Asked on May 11th, 2014 on Immigration - Texas
More details to this question:
My current fiance in Manila broke off engagement to someone 9 months ago due to him cheating. Unfortunately, his K-1 on her continued in the system. When she was invited for an interview, she advised the embassy that she wanted this dropped from the system, so I could file K-1 on her. They told her she needed to contact the ex and get him to drop this, since it could only be cancelled by him. She did this and he remained angry, writing her that he would only cancel if she paid in $10,000 for all his previous travel to Manila. This seems like blackmail and hard to believe that the beneficiary is kept this powerless in the process. How long will this stay in the system before we can file? I read a response to similar question here, where attorney advised them to proceed with K-1 and simply explain the circumstances around the previous k-1. However I read a case where someone did this, and officer refused to hear the case, advising that there were two K-1's pending and all needed to be sent back and cancelled. Are there any options other than waiting for a year or more until the previous K-1 is dropped from the system?
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2 ANSWERS

A beneficiary can have more than one petition filed on her behalf. She doesn't need her former boyfriend to withdraw his petition; she only needs to cancel her own visa application that she submitted to the consulate or Department of State in conjunction with that petition. However, the real issue here is the validity of her relationship to you because she was petitioned by 2 different persons as their fiancee. She will need to explain to the consulate the circumstances surrounding the relationships.
Answered on May 14th, 2014 at 8:10 PM

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I would suggest that you just file the new K-1 and explain with affidavits what has happened with the previous fiance who asked for money to cancel, etc. I had a similar case in the past, although with a different Consulate and it went through ok.
Answered on May 14th, 2014 at 8:10 PM

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