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I have a multiple filer waiver question. I have filed two…

Customer Question
I have a multiple...

I have a multiple filer waiver question.

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

I have filed two successful petitions for the same person, more than 15 years ago. In each case a visa was granted to my fiancée. We married in compliance with the K-1 visa and divorced after 8 years.

Lawyer's Assistant: Have you talked to a lawyer yet?

I again filed a I-129 for a new fiancée and it was accepted in 2015. This was using the services of an immigration lawyer. The petition was approved in 2015. The visa process was delayed many time due to political problems. My fiancée lives in Crimea and there was much dispute s to if she is now a Russian citizen or still a Ukrainian citizen. The visa application went all the way to a successful interview in Kiev Ukraine and was simply waiting Police documents to be updated. The embassy suddenly returned it to USCIS for review. The review is still pending. I was told to simply file a new petition.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My question is do I need to revoke the pending petition and do I need a multiple filing waiver? I have no domestic violence history and no criminal record of anysort.

Submitted: 7 months ago.Category: Immigration Law
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Answered in 5 minutes by:
11/30/2017
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 months ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,397
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Customer reply replied 7 months ago
I don't see any "Opt Out" button. Does that mean I already clicked it by mistake?
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 months ago

Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

So you have now filed for a THIRD person? Meaning that the previous two you were able to complete the process and each got their U.S. Lawful Permanent Residency?

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Customer reply replied 7 months ago
NO, the first two petitions were for the same person. Both of those petitions were approved and K-1 visas were granted each time. The first K-1 visa expired without marriage and she returned to her home. We obtained a second K-1 visa without problems the following year and were married. We were married 8 years. She became a US citizen through naturalization. We divorced about 8 years ago. The third petition was for my new Fiancée. That petition was approved in 2015 and returned to USCIS for review in September of 2017.
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 months ago

USCIS is probably wondering why you keep looking outside of the U.S. for a significant other. So I assume they send a 221(g) letter?

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Customer reply replied 7 months ago
There was no explanation for why the current petition was returned for review. The review is still pending. I have not received a 221(g)
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 months ago

Ok, well there is something that they found that they did not like. It does not mean that everything is lost. They probably did issue a 221(g). Here is what generally happens after the Embassy or Consulate makes a 221(g) finding:

The Petition is returned to the U.S. for further review.
When the petition is received by the NVC, it is reviewed and entered into their database for management.
It is then sent to the USCIS service center where the petition was originally filed and approved.
Then the Service Center receives returned petition and sends a notice of receipt to you.
The Service Center then reviews the returned petition and any consular officer notes on the case.
If the Service Center agrees , then they send either a NOID (Notice of Intent to Deny) or NOIR (Notice of Intent to Revoke) to you also asking for more proof of the relationship, many cases have specific consular objections to rebut.
You are given 30-60 days from date of NOIR/NOID to respond with additional evidence of the relationship or other specific evidence depending on what the original findings were. The timeframe to respond will be provided in the letter that they send you.
If you send back the requested evidence in the timeframe given (30-60 days) the case is reviewed and either original approval is reaffirmed or the petition is officially denied.
If the petition is denied the Service Center sends you an 'official' denial letter. This can be officially appealed if the denial letter states such.
If the petition is reaffirmed the Service Center sends you an official notice of reaffirmation.
Service Center sends the reaffirmed petition AND its evidence provided in the rebuttal directly to the consulate along with a recommendation to issue a visa.
Consulate notifies your fiancée of a new interview date.
She has an interview for the reaffirmed petition and the should be issued

Now the things that you should do at this point is have your fiancée send you a copy of the 221(g) that was issued, then hire an attorney to help you through the above process. You can go to http://www.ailalawyer.com first to find one.

Another tactic would be to immediately contact the consulate or embassy over the phone and ask that the senior consular officer review the file before it is sent back overseas. Obviously this has to be done quickly. If you can't get through by phone, try email.

Also, you can contact your congressman/senator, get them involved immediately. Here is a link to help you do that: https://www.usa.gov/elected-officials.

So as you see, you have some options. Not all is lost.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 months ago

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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