I-130 Section D #2

[LRKO 53]

Hello everyone!

I have a question about the I-130, Section D #2. It asks 'Have you ever before filed a petition for this or any other alien?'

The reason I am asking about this is because I sent in my paperwork last April and then again in May 2008 (London DCF). They sent me the paperwork back and told me to file via USA but I did not pursue the visa at that time. So, when I try the process again, would I answer yes or no to Section D, #2 since they sent the paperwork back and it has not been filed since? (It was never processed....)

Thanks again for all of your help...it's these silly things that will throw an application off kilter...my luck it would anyway!

Cheers!

Linda

Edited February 2, 2009 by LRKO

[johndecka 0]

Hello everyone!

I have a question about the I-130, Section D #2. It asks 'Have you ever before filed a petition for this or any other alien?'

The reason I am asking about this is because I sent in my paperwork last April and then again in May 2008 (London DCF). They sent me the paperwork back and told me to file via USA but I did not pursue the visa at that time. So, when I try the process again, would I answer yes or no to Section D, #2 since they sent the paperwork back and it has not been filed since? (It was never processed....)

Thanks again for all of your help...it's these silly things that will throw an application off kilter...my luck it would anyway!

Cheers!

Linda

Answer YES

[frali 2]

Hello everyone!

I have a question about the I-130, Section D #2. It asks 'Have you ever before filed a petition for this or any other alien?'

The reason I am asking about this is because I sent in my paperwork last April and then again in May 2008 (London DCF). They sent me the paperwork back and told me to file via USA but I did not pursue the visa at that time. So, when I try the process again, would I answer yes or no to Section D, #2 since they sent the paperwork back and it has not been filed since? (It was never processed....)

Thanks again for all of your help...it's these silly things that will throw an application off kilter...my luck it would anyway!

Cheers!

Linda

What was their reason for not accepting your application the first time?

[LRKO 53]

Hello everyone!

I have a question about the I-130, Section D #2. It asks 'Have you ever before filed a petition for this or any other alien?'

The reason I am asking about this is because I sent in my paperwork last April and then again in May 2008 (London DCF). They sent me the paperwork back and told me to file via USA but I did not pursue the visa at that time. So, when I try the process again, would I answer yes or no to Section D, #2 since they sent the paperwork back and it has not been filed since? (It was never processed....)

Thanks again for all of your help...it's these silly things that will throw an application off kilter...my luck it would anyway!

Cheers!

Linda

What was their reason for not accepting your application the first time?

They said I hadn't been in country long enough and to apply thru the USA. I have been here more than a year now so hopefully that won't be an issue this time. I just don't know if I should put yes or no where they ask if I have filed a petition for this or any other alien. If I put yes, they want to know the results of that application. But since it was never processed, would I put no?

Many thanks!

[frali 2]

The answer would be NO. As you never filed at the Embassy? They never charged you...right? They sent back your whole application.

Also do you have Limited Leave to remain or Indefinite leave to remain in the UK?

[pushbrk 12,300]

The answer would be NO. As you never filed at the Embassy? They never charged you...right? They sent back your whole application.

Also do you have Limited Leave to remain or Indefinite leave to remain in the UK?

I would answer yes. First, because it doesn't ask if you filed at the Embassy. Second because if yes is the wrong answer, no problem. If no is the wrong answer, you lied. Never lie on an immigration form or to an immigration official.

[LRKO 53]

I am on the Limited leave to remain...ie expires two years after entry but can then apply for ILR. Not sure if we will be here then or not but either way, the question will always be there if we decide to return to USA so as pushbrk said, it's better to say yes and be wrong than the other way around.

Many thanks!!