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conny

Is I-129F an immigrant visa petition?

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Filed: K-1 Visa Country: Ukraine
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I know I-130 is, but what about I-129F (K1 petition)? K1 itself is considered non-immigrant, but I have doubts on how to fill question #36 in DS-156 on another visa (F1) while K1 petition is pending. It reads:

36. Has anyone ever filed an immigrant visa petition on your behalf?

On one hand it's clear what they're trying to find out and it would make sense to tell them about K1 (which my fiance is going to do anyway), but on another hand K1 is non-immigrant and therefore the answer should be No. Am I right?

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It's a dual-intent visa. As soon as you have your NOA1 you are in the system and they can see what petitions you have open.

ROC 2009
Naturalization 2010

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Filed: K-1 Visa Country: Ukraine
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Of course they will see it, we have no intention to hide anything. But technically it's not an immigrant petition then why alert and confuse the consular officer by answering yes?

Edited by conny
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Filed: Lift. Cond. (apr) Country: China
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the answer should be NO...

36. Has anyone ever filed an immigrant visa petition on your behalf?

this is a past tense question, see the bolded word, its asking you, in your past, did anyone help you file for an immigrant VISA.

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Filed: K-1 Visa Country: Ukraine
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the answer should be NO...

36. Has anyone ever filed an immigrant visa petition on your behalf?

this is a past tense question, see the bolded word, its asking you, in your past, did anyone help you file for an immigrant VISA.

HelloWorld08, you probably misunderstood the situation so I wanted to clarify again - my fiance is not filing for K1 now, he's filing for F1 while our K1 is till pending. So the question is - do they consider my I-129F an immigrant visa petition for the purposes of F1 application or not?

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Filed: K-1 Visa Country: Ukraine
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go to this side will tell you how to do the DS-156 form

http://www.visajourney.com/examples/Form-DS-156.pdf

Unfortunately, jamall, it doesn't - we're not filing for K1, we're filing for F1 now, while K1 was filed long time ago and is still pending.

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Filed: Citizen (apr) Country: Thailand
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the answer should be NO...

36. Has anyone ever filed an immigrant visa petition on your behalf?

this is a past tense question, see the bolded word, its asking you, in your past, did anyone help you file for an immigrant VISA.

That is not past, but rather present perfect tense. Past tense indicates a completed action, whereas present perfect tense indicates an action that was initiated in the past, but may still be occuring.

Conny you are correct. It is a non-immigrant visa and therefore you can truthfully answer 'no' to it.

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Filed: Lift. Cond. (apr) Country: China
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the answer should be NO...

36. Has anyone ever filed an immigrant visa petition on your behalf?

this is a past tense question, see the bolded word, its asking you, in your past, did anyone help you file for an immigrant VISA.

That is not past, but rather present perfect tense. Past tense indicates a completed action, whereas present perfect tense indicates an action that was initiated in the past, but may still be occuring.

:blink:

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Filed: K-1 Visa Country: Netherlands
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May I suggest calling the USCIS to ask them? I well know about them being a call center and blah, blah, blah...lol...but this seems like a simple question they could answer.

-Blu-(just to be sure)

Service Center : California Service Center

Consulate : Amsterdam

02-27-09: I-129F Sent

03-10-09: I-129F NOA1

06-10-09: I-129F NOA2

06-17-09: Rec'vd by NVC

06-18-09: STUCK IN NVC AP

06-25-09: FINALLY petition on it's way to the embassy

06-29-09: DHL delivered our packet to the embassy in Amsterdam

07-01-09: Rec'd Packet 3!!!!

08-01-09: Rec'd Packet 4

08-25-09: Interview date...APPROVED!!!!

12/12/09: Fiancee arrival date WOOOT!

02/20/10: Married and SOOOO happy!

04/20/10: Sent off AOS (finally!)

05/03/10: Rec'd AOS NOA1

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Filed: K-1 Visa Country: Ukraine
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May I suggest calling the USCIS to ask them? I well know about them being a call center and blah, blah, blah...lol...but this seems like a simple question they could answer.

-Blu-(just to be sure)

Which number?

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May I suggest calling the USCIS to ask them? I well know about them being a call center and blah, blah, blah...lol...but this seems like a simple question they could answer.

-Blu-(just to be sure)

Which number?

1-800-375-5283

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Filed: AOS (apr) Country: Philippines
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The I-129f is a petition that determines the eligibility for an alien to apply for a "K" visa. A "K" visa is a NON-immigrant visa.

YMMV

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