Hi all,

I been searching every topic in this website for help regarding to a situation I have. Five years ago, I hired a lawyer to apply K-1 for my ex-wife. It was successful applying for K-1 but later we had problems in the relationship which lead to an end. Now, I am re-marry again and my current spouse is located in China. I'm planning on filing the I-130 to apply for her. There is a question in this application which troubles me. Question D #2. (Have you ever before filed a petition for this or any other alien? Yes or No).

I hired a lawyer in my past and I have no idea if he did or didn't. Beside, this is a for a K-3 and not for K-1. Which answer would I fall under? Also, what about form I-129F? It has this same question about did I ever file this I-129F before as well? I wish I know but that lawyer I hired had moved and I don't have anyways to contact him. What should I answer or do? Thanks everyone for your help and support. Greatly appreciated!

- Peter

Yes, for another alien.

Yes, on the I-129F as well, for another alien.

That would be a definite YES!
The I-129F is a petition for fiancee and therefore self explains why you would check yes in that box. You will need to know the A# if you still have it and answer many questions about it as well. It will ask when did you apply? What was the result? When was it approved if so? So you will have to look up all that information. I am glad I had kept a time line on my computer with all the steps, dates, etc. This a very good reason to join sites such as this where that information is made available for recall, and further steps on down the line.
Hope that helps, and you will also have to claim her on your affidavit of support down the road as well, as you are responsible for her until she is a legal citizen, dies, or attains 40 quarters of work time here in the U.S. which is roughly equivalent to 10 years worth of work. Hope this helps, and don't worry. I wondered if they would deny my new wifes' Visa for the same reason, as I did this before. Well anyway,it was approved for the I-130. So don't worry, everything should be fine, and best wishes.
Randy n Rose Sell.

I'm confused as to why you are confused.

You say you were successful in applying for a K1 before... you married and she became your ex-wife.

Now you are re-married and applying for a K3.

Your answer to question D2, and on your I-129F is YES.

Jen

...or is denied, or leaves the country permanently

Peter,

Where do you see a qualification or exception in the question that would make the previous petition for a K1 disappear?

Yodrak

Thank you so much for your help everyone.

Say, I hope this wouldn't less my chance to apply for my current wife. Somehow in my mind it doesn't sit well. I know I should relax and not be worry but the mind thinks too much.

Here are another questions... sorry to ask again.
1) What if I don't have my ex-wife's A#? (Very concern)

2) When did I apply? Can I just answer with just "Year 2000" and no month/day? Because I don't have any track record of this case. My missing lawyer did this case.

3) What was the result? I just put down "positive". I hope that is enough of an answer.

4) When was it approved? - I don't have record again.

What and how should I answer these questions? Should I hire a lawyer now because of this?

Thank you again! (Very worry...)

Warm Regards,
Peter

Peter,

One can only provide information that the know, one cannot provide what they don't know or don't have.

At the same time one should not lie and say that they don't know or don't have when the do, nor should they make up something just to have an answer that 'sounds good'.

Yodrak

Yodrak

Hi Yodrak:
Yes, I agreed and understand Yodrak. If I don't have the info, I will just leave it blank and answer what I do have. Yodrak, thanks for the advice. She is too important to me to mess things up. Again thank you!

To randynrose:
You submit both I-130 and I-129F at the sametime? I didn't know you can do that. I though you have to get I-130 approve first? and then include the approval letter with I-129F? Thank you Randy.

Warm Regards
-Peter

As to your question on filing at the same time:
I would not suggest it, nor do I wish anyone to do as I have done. It was a suggestion made to me by an immigration attorney who files this way, and said to date they have had no problems. But I have yet to be approved on the I-129F, nor heard anything, and there have been many, many approvals on the I-129f of others who have posted a month or more after me. This may be a result of having done this, or maybe not. I do not know, and hope to call to find out status if they will tell me by the end of this month. Like yodrak said, answer everything truthfully, and where I did not have an answer I attached a sheet with my name, petition type, and question number saying I did not have that information any longer and should be available in their records as they are immigration. I also was very kind in saying thank you and I hope they could locate and complete the information I was lacking. Beyond that, I have not received an RFE or anything yet, and as I see it no information from them is a good thing so long as I see they approved one petition so far. That must be good.
And as you see, i even wrote a poem for the VJ crowd that I bet every single one of us can relate to. As you seen before, it is indeed a long and heart breaking process. This one will be even longer compared to that Peter. A k1 is so simple, after having gone thru it already. A k3 is much more complicated and timely.
as i said,they will not hold it against you for having done this before unless there are tell tale signs, and reasons to flag your petition. trust in God, and your heart.You will be fine.
Good Luck Sir:
Randy n Rose

Thank you for the very kind words. My heart is touched. Your advice was much needed indeed. I will attached a paper stating what I am missing. Really, thanks again. I will keep you in my prayers and wish you and your love one be together soon.

If I have any more questions, I know where to get some advices and suggestions. I'm in debt with everyone who help me in this process.

God Bless,
Peter

peter:

"You submit both I-130 and I-129F at the sametime? I didn't know you can do that. I though you have to get I-130 approve first? and then include the approval letter with I-129F? Thank you Randy."

u dont need a 'approved' I-130 to apply for a I-129F, u need to have the NOA1 of I-130

if anyone answered this..am too late