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Filed: AOS (pnd) Country: Colombia
Timeline
Posted

Hello,

I am filling out the I-130 following my marriage to my wife. Prior to meeting her, I was engaged to another person and submitted an I-129F. THe I-129F was submitted in 1996 and was approved. After it was approved we changed our minds about the whole relationship and we allowed the petition to expire. She never actually applied for the K-1 visa. Basically the whole process just died and I did not think about it again until just now as my new wife and I are putting the paperwork for the adjustment of status application together.

I met my wife about 5 years ago and we have been together ever since. She did not come to the USA on a K-1 visa so this is the first application I am submitting for her.

So, what do I put on the form I-130? I never submitted an I-130 for someone else, just an I-129F (which later was approved and then expired, and no action was taken to grant the immigration benefit on that petition). Do I put YES (based on the I-129F?) or NO based on the fact that I haven't submitted another I-130 for anyone else ever?

If I put NO or YES, do I need to attach an explanation?

Gracias for your replies to my questions.

Filed: Timeline
Posted

willywonka,

You submitted a petition, so answer 'yes'. A brief explanation, such as the one sentence you provided parenthetically here in your post, would be good and sufficient.

Yodrak

Hello,

I am filling out the I-130 following my marriage to my wife. Prior to meeting her, I was engaged to another person and submitted an I-129F. THe I-129F was submitted in 1996 and was approved. After it was approved we changed our minds about the whole relationship and we allowed the petition to expire. She never actually applied for the K-1 visa. Basically the whole process just died and I did not think about it again until just now as my new wife and I are putting the paperwork for the adjustment of status application together.

I met my wife about 5 years ago and we have been together ever since. She did not come to the USA on a K-1 visa so this is the first application I am submitting for her.

So, what do I put on the form I-130? I never submitted an I-130 for someone else, just an I-129F (which later was approved and then expired, and no action was taken to grant the immigration benefit on that petition). Do I put YES (based on the I-129F?) or NO based on the fact that I haven't submitted another I-130 for anyone else ever?

If I put NO or YES, do I need to attach an explanation?

Gracias for your replies to my questions.

Filed: AOS (pnd) Country: Colombia
Timeline
Posted

Thanks, just two more questions.

1) Do I need to put the name of the person that I originally submitted the I-129F for as well in the explanation? On the form, would a check "yes" and "see attached explanation for additional details" be better? I just dont' want the petition to be put on hold while they are researching this due to lack of complete information. Unfortunately I don't have anything other than the person's name and approximate date when the application was submitted, it was so long ago.

2) Will the fact that I just let the I-129F expire and did not formally cancel it create an issue for _this_ application? The intended beneficiary for the I-129F did not ever apply for, nor did she receive, a visa.

Muchas gracias for all of your help.

 
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