DS-160 Question Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services?

[frankniehs 2]

Hello everyone,

Can you help me with my question please:

I applied for a B1 visa and while filling the DS-160 form there was a question: Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services?

Technically I was engaged to a US citizen 5 months ago and we broke up after filing the I-129F form, she withdrew it before it was approved and before the second approval from USCIS NOA2.

So I answered in the DS-160 form: NO, because I read somewhere it is a non-immigration visa.

​During the embassy interview the officer asked about my previous travels to US and so. One question was: When was your last attempt to enter the US? and I thought he means travelling to US so I said my last travel was a year ago. Then I was handed a 221g Administrative Processing paper, without stating the reason (no missing documents).

When I replay the interview in my mind I am confused about the question if he meant the fiance petition or not! But then he could reject me directly if he suspects I am lying. What will happen next? Will I be banned forever? Was my answer in the DS-160 form correct?

Please help.

Thank you

[Anitafeliz 1,133]

First

I know although you weren't approved you did apply. I would have answered yes although it wasn't approved. They do extensive background checks and can see all people do or don't do. So if it was seen they would also see the cancelation.

But that's just what I think....

Welcome and fill in your timeline it will help people give you advice. And everyone goes through a necessary AP period. Did they keep your passport???

Edited October 23, 2016 by Anitafeliz

[Anitafeliz 1,133]

Btw if it was a misrep you would have gotten a blue form, I believe

Edited October 23, 2016 by Anitafeliz

[mallafri76 1,012]

The question is, has anyone ever filed a petition for you. If your then fiancé filled out a fiancé petition then yes, a petition was filed for you. It doesn't matter if it was later withdrawn or cancelled, as it was filed. A fiancé visa is a non-immigrant visa with immigrant intent. You should have mentioned it.

And to clarify what Anitafeliz wrote, not everyone goes through AP. It very much depends on the embassy and case. Many people get their approval or denial straight away at the interview. Also, not all embassies use the colored papers. So as previously stated, if you fill out your timeline so we know what embassy you're going through, you'll get better answers that applies to your specific country/embassy.

[frankniehs 2]

Hi

I wanted to write yes as an answer, but I remember checking in this same website and other immigration websites that a K-1 petition is not an immigration visa and the answer should be No. Check:

http://www.visajourney.com/forums/topic/487047-k1-ds160-has-anyone-ever-filed-an-immigrant-petition-on-your-behalf-with-the-united-states-citizenship-and-immigration-services-yes-or-no/

http://www.visajourney.com/forums/topic/521111-ds-160-question-help/

https://www.avvo.com/legal-answers/is-the-form-i-129f-an-immigrant-petition--2541126.html

Can I withdraw the application and file later on with a corrected DS-160?

[NuZayetsPogodi 117]

I don't have a complete answer for your situation, but I can tell you that unless you're coming from a Western European country, your odds of being approved right now are pretty low. You already had your interview - there is no point in withdrawing your application at this point. If you weren't flat out denied, there's always a chance. But, the CO probably sees your situation and has put together this story:

-You fell in love with an American.

-She withdrew the petition, for reasons that weren't explained to the CO.

-Only 5 months later, you want a non-immigrant visa to come to the US.

-You said nobody has ever filed an immigrant visa for you, which looks like you're trying to hide the I-129f filing.

It looks like you are trying to get a visa anyway you can to come to the U.S., and because you didn't give the CO the full truth, that is almost definitely going to hurt you. Now, all that said, I can believe that mistakes can happen. I can believe you filled out your DS-160 the way you knew how. My fiance also answered a DS-160 question for a B visa incorrectly, and if you don't know the whole story, it almost looks like he was trying to lie to come to the US. However, in his K-1 interview, he explained to the CO what happened and why he answered the question in the way he did.

I think your best option now is to wait for AP to finish, and if you're denied, perhaps wait and try again. Next time, you must be 100% honest on your DS-160 and be ready to explain the discrepancy in the interview. Good luck!

[Unlockable 7,306]

The key word is FILED. Not approved or completed.

So has anyone ever FILED for you. You should have answered yes. When it comes up you will have to explain that you didn't thoroughly understand the question. Otherwise it looks like you are trying to hide previous attempts to immigrate.

[frankniehs 2]

I am settled in a Western Country and travelled before many times to USA using B1/B2 visa.

Filed/Approved is not the problem. The issue is that K-1 is not considered an immigrant visa, neither the petition of K-1. Immigration petitions are green cards petitions, spousal, EB-1.. etc.

The question is will it be just denied? or I will get a ban because of misrepresentation?

Is there a way to correct it? Can I call the embassy and tell them I made a mistake in filling the form?

[Kat&Jon 84]

Just as an FYI the K-1 petition is considered an Immigrant petition once it reaches the embassy. It is a non-immigrant visa to USCIS but once you get to the point where you fill out your DS 160 and schedule your interview at the embassy you are in the immigrant line. Just wanted to provide that clarification. You enter the US with the intent to stay and adjust status unlike on a work, student or visitor visa.

[frankniehs 2]

Agree, but the I-129F petition did not reach the embassy, it was withdrawn from USCIS before being approved. And the the DS-160 was not in line for immigration as I broke up with my fiancee before, it was a DS-160 for a business trip.

[NuZayetsPogodi 117]

The K-1 visa is considered both a non-immigrant and immigrant visa because it's conditional. People who arrive to the US on a K-1 visa can only stay permanently if they marry the person who petitioned them. It's really up to the CO, not us. If the CO is convinced that you made an honest mistake, and if you otherwise qualify for a B1 visa (you must show very strong ties to your home country, among other things), then you'll be approved. What we are trying to explain to you is the fact that just a few short months ago, it seemed like you had strong ties to the US and had intention to immigrate there. Suddenly, you don't have those strong ties anymore and only want to travel to the US for business. For this reason, the CO will scrutinize your application. It's no different from anyone else who would be in your situation.