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Filed: Timeline
Posted

Hi,

My husband(beneficiary K-1) and I(petitioner) are getting forms ready to file for AOS for him. On one form (form I-485) part 3 question B. It asks:

Have you ever applied for permanent resident status in the U.S.?

His brother petitioned for him (I-130) a couple years ago...we are confused because the question asks have YOU applied ...

Would this apply to him????

Thanks...

Filed: Citizen (apr) Country: Australia
Timeline
Posted

How far did his application progress when his brother petitioned him? Personally i would tick yes, just to err on the side of caution, but others will give their opinions...

Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

Unless the brothers petition was approved and he attended an interview then the answer is still no. Having a petition at less then consular stage means that YOU have not applied for permanent residence. It is similar to having played the DV lottery , until you get to the point where you go to an interview and are talking about the visa you haven't applied. Some people would be a yes if the came , married , divorced, left and are now coming back again.

This will not be over quickly. You will not enjoy this.

 
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