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Please help... Hi all, I need help with filling out form I-130.

#1 andy777

andy777

    Member

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Posted 22 January 2010 - 12:53 AM

I am trying to refiling I-130 and need some help on some questions. The first time I file for I-130, I hired a lawyer and it was a waste of money. The lawyer just fill out the form and charge me big money. He didn't help us much with the interview. This time I am trying to do it myself and I am not sure what to put on these questions.

Section B:
#16. Have your relative ever been under immigration procedding?
Is this asking about me? not sure

Section C: Information about your alien relative?
#17. List husband/wife and all children of your relative.
should I put my name here or just put none??

Section D.
#2 Have you ever before filed for this or any other alien?
If yes give name, place and date of filing and result.
I think this is what i should put. Yes, my wife name, Vermont Service Center, November 2007, Approved.

On form G-325A. I have problem filling in some parts because it dont give me enough space to fill it out. For example on the part it ask for name of current husband/wife. When I try to fill out the city and country of birth, I can only fill in the city (Long Xuyen) but can't fit the word Vietnam. Is there anything I can do to fit all those word.

thanks all for the help.
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#2 kevinbui86

kevinbui86

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Posted 22 January 2010 - 09:32 AM

I am trying to refiling I-130 and need some help on some questions. The first time I file for I-130, I hired a lawyer and it was a waste of money. The lawyer just fill out the form and charge me big money. He didn't help us much with the interview. This time I am trying to do it myself and I am not sure what to put on these questions.

Section B:
#16. Have your relative ever been under immigration procedding?
Is this asking about me? not sure

Section C: Information about your alien relative?
#17. List husband/wife and all children of your relative.
should I put my name here or just put none??

Section D.
#2 Have you ever before filed for this or any other alien?
If yes give name, place and date of filing and result.
I think this is what i should put. Yes, my wife name, Vermont Service Center, November 2007, Approved.

On form G-325A. I have problem filling in some parts because it dont give me enough space to fill it out. For example on the part it ask for name of current husband/wife. When I try to fill out the city and country of birth, I can only fill in the city (Long Xuyen) but can't fit the word Vietnam. Is there anything I can do to fit all those word.

thanks all for the help.

did you file a petition and your wife already have an interview in the past?

Edited by kevinbui86, 22 January 2010 - 09:33 AM.

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Visa Journey

CR-1 Visa Journey
11/07/08 ............Married
02/13/09 ............I-130 sent
02/16/09 ............I-130 delivered
02/23/09.............NOA1
02/24/09.............Touched
02/28/09............ NOA1 Hard Copy
03/25/09.............NOA2
03/30/09.............NOA2 Hard Copy

NVC Journey
04/15/09.............Case # Assigned
04/17/09.............DS-3032 and AOS bill generated
04/17/09.............DS-3032 sent (email+mail)
04/17/09.............AOS PAID (online)
04/20/09.............AOS package sent
04/20/09.............DS-3032 accepted
04/22/09.............IV Fee bill generated
04/22/09.............IV bill PAID (online)
04/27/09.............DS-230 sent to NVC
04/30/09.............Case under Final Review
05/07/09.............RFE (Ques 20 DS-230)
05/09/09.............Resend DS-230
05/13/09.............DS-230 Received and Under Review
05/20/09.............Case complete at NVC

Embassy Journey
06-08-09.............Case Arrived at Embassy in Ho Chi Minh City, Vietnam
06-22-09.............Medical Exam
07-29-09.............Visa Interview
07-29-09.............Visa Approved
08-05-09.............Visa in Hand
08-24-09.............POE - (San Francisco, California)

09-04-09.............Green Card Arrived in Mail
12-04-09.............SSN Card Arrived in Mail
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#3 Peter&TT

Peter&TT

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Posted 23 January 2010 - 12:07 AM

I have the same questions too except that I previously filed K1 and now I'm married to the same person & about to file I-130. What should I put down for SectionD>2? My then-fiancee was denied a K1 visa at the interview and my case was returned to USCIS April 2009.
Thanks.
Peter

Edited by CamCoNuong, 23 January 2010 - 12:08 AM.

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#4 Peter&TT

Peter&TT

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Posted 23 January 2010 - 12:24 AM

I have the same questions too except that I previously filed K1 and now I'm married to the same person & about to file I-130. What should I put down for SectionD>2? My then-fiancee was denied a K1 visa at the interview and my case was returned to USCIS April 2009.
Thanks.
Peter


C#17. List husband/wife and all children of your relative
Should I put my wife's name here? (I'm a petitioner)

Many thanks.

Edited by CamCoNuong, 23 January 2010 - 12:29 AM.

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#5 andy777

andy777

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Posted 23 January 2010 - 03:13 AM

did you file a petition and your wife already have an interview in the past?


yes, still waiting for rebuttal but it been almost a year now. I just refile in case if I never hear from VSC about my rebuttal. I heard some people been waiting for years and never heard about their rebuttal. I dont want to take that chance so I refile.
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#6 JimVaPhuong

JimVaPhuong

    Does this 嫪 d跬 make me look fat?



Posted 23 January 2010 - 08:35 AM

I am trying to refiling I-130 and need some help on some questions. The first time I file for I-130, I hired a lawyer and it was a waste of money. The lawyer just fill out the form and charge me big money. He didn't help us much with the interview. This time I am trying to do it myself and I am not sure what to put on these questions.

Section B:
#16. Have your relative ever been under immigration procedding?
Is this asking about me? not sure

Section C: Information about your alien relative?
#17. List husband/wife and all children of your relative.
should I put my name here or just put none??

Section D.
#2 Have you ever before filed for this or any other alien?
If yes give name, place and date of filing and result.
I think this is what i should put. Yes, my wife name, Vermont Service Center, November 2007, Approved.

On form G-325A. I have problem filling in some parts because it dont give me enough space to fill it out. For example on the part it ask for name of current husband/wife. When I try to fill out the city and country of birth, I can only fill in the city (Long Xuyen) but can't fit the word Vietnam. Is there anything I can do to fit all those word.

thanks all for the help.


The first page of the I-130 is organized in columns, with section B on the left and section C on the right. Section C continues on page 2. There is no question #16 in section B. The question you cited is in section C, which is about the relative you're sponsoring. So...

Section C, #16: This is asking if the relative you're sponsoring (your wife) has ever been under immigration proceedings. If she's never been to the US then the answer to this question would be "No".

Section C, #17: List yourself as "Husband". If she's got any children, list them as well.

Section D, #2: Your answer is correct. Add the case number, if you've got it.

G-325A: For the sections where the answer won't fit, you have two options. You can either leave it blank before printing it, and then fill in those boxes by hand with a pen, or you can write "see attachment" in those boxes and provide your answers on a separate sheet of paper.

I have the same questions too except that I previously filed K1 and now I'm married to the same person & about to file I-130. What should I put down for SectionD>2? My then-fiancee was denied a K1 visa at the interview and my case was returned to USCIS April 2009.
Thanks.
Peter


Answer "Yes", and provide the requested information about the K1 petition. What was the final outcome of the K1 petition? You said it was returned to USCIS. Did they ever make a decision on it?

You can also write your name in Section C, #17, as "Husband".
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12/15/2009 - K1 Visa Interview - APPROVED!
12/29/2009 - Married in Oakland, CA!
08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!


#7 Peter&TT

Peter&TT

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Posted 23 January 2010 - 07:01 PM

...
Answer "Yes", and provide the requested information about the K1 petition. What was the final outcome of the K1 petition? You said it was returned to USCIS. Did they ever make a decision on it?

You can also write your name in Section C, #17, as "Husband".


Regarding the final outcome of my K1 petition: Upon my request of FOIA (Free Of Information Act), USCIS sent me a copy of my I-129F with some handwritten notes on it(presumably by a USCIS officer and/or a CO at HCMC, yet no apparent notes of reasons for denial) along with a "Notice of Decision" which states as follows

This notice is in reference to the Form I-129F, filed for [my then-fiancee's name] pursuant to Section 101(a)(15)(K) of the Immigration and Nationality Act, as amended. The petition was approved on Dec 15, 2008 and was forwarded abroad to a United States Embassy/Consulate with a validity period of 4 months. Subsequently, the petition has been returned to USCIS with a finding that the beneficiary was not issued the requested K1 visa. Since the period of validity has now expired the petition will not be revalidated. Therefore, in accordance with 8 C.F.R . 214.2(k)(5), all USCIS action on this petition is concluded as of the date of this notice. However, the petitioner may choose to file a new Form I-129F for the beneficiary with fee.
Chrisitina Poulos
Director


However, doing a Case Status check online at USCIS website still shows "On June 19, 2009, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."
I made an appointment to speak to an USCIS officer at Chicago USCIS office to querry about the case and she told me the same information as the website showed. Upon her suggestion, I wrote to USCIS CSC (Laguna Niguel, CA 92607); in my letter I included the print out of the case status check online and guess what they replied!!!! They refer me to use "Check Case Status online at ww.uscis.gov" and/or call customer service center at 1-800-375-5283!!!
Thus, with the "Notice of Decision" from FOIA, I'm going to file I130 & attach a rebuttal letter for I129F.

Thanks
Peter

Edited by CamCoNuong, 23 January 2010 - 07:03 PM.

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#8 Peter&TT

Peter&TT

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Posted 23 January 2010 - 07:11 PM

PS: In 4/2009 the HCMC notified me of the case returned to USCIS with this reason: "After thorough review of the facts of the cases, consular officers decided pursuant to 9 FAM 42.43 N2.2 that a reasonable person would be convinced that the claimed relationship upon which the petition is based is in fact a sham entered into to evade immigration law."
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#9 JimVaPhuong

JimVaPhuong

    Does this 嫪 d跬 make me look fat?



Posted 24 January 2010 - 01:59 PM

Regarding the final outcome of my K1 petition: Upon my request of FOIA (Free Of Information Act), USCIS sent me a copy of my I-129F with some handwritten notes on it(presumably by a USCIS officer and/or a CO at HCMC, yet no apparent notes of reasons for denial) along with a "Notice of Decision" which states as follows

This notice is in reference to the Form I-129F, filed for [my then-fiancee's name] pursuant to Section 101(a)(15)(K) of the Immigration and Nationality Act, as amended. The petition was approved on Dec 15, 2008 and was forwarded abroad to a United States Embassy/Consulate with a validity period of 4 months. Subsequently, the petition has been returned to USCIS with a finding that the beneficiary was not issued the requested K1 visa. Since the period of validity has now expired the petition will not be revalidated. Therefore, in accordance with 8 C.F.R . 214.2(k)(5), all USCIS action on this petition is concluded as of the date of this notice. However, the petitioner may choose to file a new Form I-129F for the beneficiary with fee.
Chrisitina Poulos
Director


However, doing a Case Status check online at USCIS website still shows "On June 19, 2009, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."
I made an appointment to speak to an USCIS officer at Chicago USCIS office to querry about the case and she told me the same information as the website showed. Upon her suggestion, I wrote to USCIS CSC (Laguna Niguel, CA 92607); in my letter I included the print out of the case status check online and guess what they replied!!!! They refer me to use "Check Case Status online at ww.uscis.gov" and/or call customer service center at 1-800-375-5283!!!
Thus, with the "Notice of Decision" from FOIA, I'm going to file I130 & attach a rebuttal letter for I129F.

Thanks
Peter


No sweat! Your previous petition died a "natural death". For the "result" part of section D, question #2, you can write either "approved" or "expired", both of which are true. The question is specifically about YOU filing a petition, and not about visa applications filed at a consulate as a result of any petition you filed, so the denial at the consulate would be irrelevant.

The reason I asked is because the consulate essentially accused your fiancee of material misrepresentation; i.e., visa fraud. If USCIS had agreed with this, then it could affect your new petition in a couple of ways. First, you'd probably have to say that the previous petition was "revoked" in answer to section D, question #2. You could say approved, since it was initially approved, but this would be misleading since the ultimate decision was to revoke the approval. Second, unless you effectively responded to the notice of intent from USCIS, the accusation by the consulate could become a finding of fact. In other words, her records would show that we was guilty of material misrepresentation, which could result in a lifetime ban from the US. It would be a rude awakening for her to show up for her CR1 interview, only to be informed that she'd been banned from the US, and that you now had to file for a waiver of inadmissibility.

Anyway, that's not what happened, so you're in the clear! :thumbs:
  • 0

12/15/2009 - K1 Visa Interview - APPROVED!
12/29/2009 - Married in Oakland, CA!
08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!




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