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Uncertain about Q.11 of I-129F

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I am preparing my I-129F package to file for K-1 fiancee. Thanks to everyone who contributes on this site - it's been a great resource in putting the application together.

I had 2 questions on which I hoped to get further input.

1) Q.11 states:

"Have you ever filed for this or any other alien fiance(e) or husband/wife before? _ Yes _ No

Here's my situation. I have NEVER in my entire life filed form I-129F. Ever. Period. I have never in my life petitioned for a K-1 fiance visa for anyone. Ever. Period.

Hence, I believe that I can truthfully answer Q.11 as "No".

However, in 1999 when I was still my married to my former wife I did a direct consular filing for her and my 3 kids. All were given I-130 visas and entered the US in 1999 and then obtained Green cards. My kids are now US citizens but my wife left the US permanently in 2004, we are now divorced and as far as I know she no longer enjoys any status due to the I-130 application in 1999.

In short - if Q.11 had stated:

"Have you ever filed form I-129 for K-1 visa for this .... etc.etc."

I would clearly say "NO"

If Q.11 had stated:

"Have you ever filed for any US Immigration benefits in any visa category on behalf of this or any other alien fiance(e) or husband/wife before?"

then I would answer "YES"

My inclination is to answer "NO", and add a letter of explanation regarding the 1999 DCF.

Opinions on this are welcome!

2) Payment of the filing fee. My personal checkbook still has both my name and my ex-wife's name printed on the checks. Yes, I know I can order new checks. But I live overseas and there's a (minor) hassle in doing so.

Can anyone see any downside to paying with such a check? I'm thinking of striking out the ex-wife's name from the check .....

I am of course submitting a copy of my notarized divorce decree from said ex-wife. Just don't want to raise any unfounded suspicions about my current marital state........

Thanks for any and all input!

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"Have you ever filed for this or any other alien fiance(e) or husband/wife before?"

since you did a direct consular filing for your ex-wife, I believe that falls under 'any other alien wife'. So I do think you should have answered yes to this question. The I129F can only be used for Fiances, not for husband/wife as you need the I130 for that.

As for your 2nd question, I do not think it will be much of a problem as I have learned on this site that they remove the checks as soon as they enter so before any officer will take a look at your petition, the money is already cached and they will not see the check or money orders. I would not strike out the ex-wife's name as it might make your check invalid.


N400 Timeline:

12/14/11 - Sending out N400 package

12/19/11 - Received by USCIS

12/21/11 - NOA date

12/22/11 - Check cashed

12/27/11 - Received NOA

02/06/12 - Received yellow letter (pre-interview case file review)

03/13/12 - Placed in line for interview scheduling (3 yr anniversary)

03/17/12 - Received interview letter

04/17/12 - Interview - No decision, application under further review

04/17/12 - Biometrics

04/25/12 - Placed in line for oath scheduling (so I'm approved yay!)

04/27/12 - Received oath ceremony date

05/09/12 - Oath ceremony!!

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I spoke with an immigration officer today about a similar question, i've never filed for a visa before, but my ex was an illegal living here when we got married and i think it was an I-485 we filed, anyways the officer told me to put it down as a yes and give an explanation of the situation. hope this is helpful

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