i-130 Help for Previously Filed Petition

[Lariza 0]

My wife and I just got married in my home town of Virginia Beach on October 5th and we're starting our Spousal Visa process before we go back temporarily to her home in Australia. Previously we went the K-1 route but abandoned it after we realized we weren't allowed to leave the US until we were granted special permission once we married. We got as far as the i-129 being approved. Now I've reached Part 5 on the i-130 and it asks if I've ever previously filed for her before. Would I need to answer YES because I had previously submitted the i-129 for the K-1 Process or is it only asking if I've submitted a Spousal Visa before? 

[EandH0904 1,184]

Did you officially cancel the K1 or notify them in anyway or just abandon it? 

If you file for the CR1 visa now, its possible that you will get an RFE -- if you did not officially withdraw it, you may end up having two "active" applications at once. 

 

I know there have been others that even as far as the interview process, had to submit proof of a resolution or withdrawal of the K1 as part of their CR1 process. If you have not done so, I would officially withdraw it prior to filing CR1 - not just abandon it. 

 

And I would answer that yes, you have filed a petition for this person before. 

[Lariza 0]

6 minutes ago, EandH0904 said:

Did you officially cancel the K1 or notify them in anyway or just abandon it? 

If you file for the CR1 visa now, its possible that you will get an RFE -- if you did not officially withdraw it, you may end up having two "active" applications at once. 

 

I know there have been others that even as far as the interview process, had to submit proof of a resolution or withdrawal of the K1 as part of their CR1 process. If you have not done so, I would officially withdraw it prior to filing CR1 - not just abandon it. 

 

And I would answer that yes, you have filed a petition for this person before. 

We didn't submit anything officially or notify them however we did get an email for a K-1 Follow Up from US Travel Docs saying our petition had expired and if we didn't respond our case would be abandoned and destroyed. 

[pushbrk 12,103]

5 hours ago, Lariza said:

My wife and I just got married in my home town of Virginia Beach on October 5th and we're starting our Spousal Visa process before we go back temporarily to her home in Australia. Previously we went the K-1 route but abandoned it after we realized we weren't allowed to leave the US until we were granted special permission once we married. We got as far as the i-129 being approved. Now I've reached Part 5 on the i-130 and it asks if I've ever previously filed for her before. Would I need to answer YES because I had previously submitted the i-129 for the K-1 Process or is it only asking if I've submitted a Spousal Visa before? 

Read each question carefully, then interpret it literally and answer accurately.  There is no question that asks if YOU have filed a petition for THIS person before.  The result was "petition approval expired".