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manstudio

One tough question which needs answer. Please help!

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Hi all,

I been searching every topic in this website for help regarding to a situation I have. Five years ago, I hired a lawyer to apply K-1 for my ex-wife. It was successful applying for K-1 but later we had problems in the relationship which lead to an end. Now, I am re-marry again and my current spouse is located in China. I'm planning on filing the I-130 to apply for her. There is a question in this application which troubles me. Question D #2. (Have you ever before filed a petition for this or any other alien? Yes or No).

I hired a lawyer in my past and I have no idea if he did or didn't. Beside, this is a for a K-3 and not for K-1. Which answer would I fall under? Also, what about form I-129F? It has this same question about did I ever file this I-129F before as well? I wish I know but that lawyer I hired had moved and I don't have anyways to contact him. What should I answer or do? Thanks everyone for your help and support. Greatly appreciated!

- Peter


NA

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Hi all,

I been searching every topic in this website for help regarding to a situation I have. Five years ago, I hired a lawyer to apply K-1 for my ex-wife. It was successful applying for K-1 but later we had problems in the relationship which lead to an end. Now, I am re-marry again and my current spouse is located in China. I'm planning on filing the I-130 to apply for her. There is a question in this application which troubles me. Question D #2. (Have you ever before filed a petition for this or any other alien? Yes or No).

Yes, for another alien.

Beside, this is a for a K-3 and not for K-1. Which answer would I fall under? Also, what about form I-129F? It has this same question about did I ever file this I-129F before as well?

Yes, on the I-129F as well, for another alien.


"diaddie mermaid"

You can 'catch' me on here and on FBI.

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Hi all,

I been searching every topic in this website for help regarding to a situation I have. Five years ago, I hired a lawyer to apply K-1 for my ex-wife. It was successful applying for K-1 but later we had problems in the relationship which lead to an end. Now, I am re-marry again and my current spouse is located in China. I'm planning on filing the I-130 to apply for her. There is a question in this application which troubles me. Question D #2. (Have you ever before filed a petition for this or any other alien? Yes or No).

I hired a lawyer in my past and I have no idea if he did or didn't. Beside, this is a for a K-3 and not for K-1. Which answer would I fall under? Also, what about form I-129F? It has this same question about did I ever file this I-129F before as well? I wish I know but that lawyer I hired had moved and I don't have anyways to contact him. What should I answer or do? Thanks everyone for your help and support. Greatly appreciated!

- Peter

That would be a definite YES!

The I-129F is a petition for fiancee and therefore self explains why you would check yes in that box. You will need to know the A# if you still have it and answer many questions about it as well. It will ask when did you apply? What was the result? When was it approved if so? So you will have to look up all that information. I am glad I had kept a time line on my computer with all the steps, dates, etc. This a very good reason to join sites such as this where that information is made available for recall, and further steps on down the line.

Hope that helps, and you will also have to claim her on your affidavit of support down the road as well, as you are responsible for her until she is a legal citizen, dies, or attains 40 quarters of work time here in the U.S. which is roughly equivalent to 10 years worth of work. Hope this helps, and don't worry. I wondered if they would deny my new wifes' Visa for the same reason, as I did this before. Well anyway,it was approved for the I-130. So don't worry, everything should be fine, and best wishes.

Randy n Rose Sell.


Sent I-130 & I-129F on 06/30/06 same day

I-129f sent to Chicago

I-130 sent to Neb. transf. to CSC.

I-129F Process

07/03/06 Rec. Date on I-129F

07/06/06 Notice Date on NOA1

07/09/06 I-129F Rec. in mail

I-130 Process

07/24/06 I-130 NOA1 rec'd in mail

Confirmed-Notice rec'd from CSC

07/03/06 Recd date on I-130 NOA1

07/20/06 Notice Date on NOA1

E-mail rec'd 09-29-06 I 130 APPROVED

10/17/06 NVC rec'd , awaiting case #

10/19/06 NVC gives case #

10/30/06 NVC sent DS-3032 & I-864 bill.

10/31/06 DS-3032 sent using J's s/c

10/31/06 Wife e-mails NVC agent

11/01/06 I rec'd DS-3032 & AOS Fee Bill

11/07/06 NVC acccepts e-mailed agent

11/09/06 AOS Fee Bill O/N to NVC

11/13/06 NVC gnrts IV Bill

11/14/06 NVC rec'd AOS Fee Bill

11/21/06 I got IV Bill

11/22/06 IV Bill sent

11/30/06 IV Fee rec'd by NVC

12/04/06 I rec'd I-864 Pack

12/04/06 DS-230 gnrtd by NVC

12/05/06 I sent I-864

12/07/06 NVC got I-864

12/18/06 Sent DS-230 to NVC

12/20/06 DS-230 rec'd snail mail

12/21/06 E-mail from NVC, Rec'd DS-230

02/06/07 Case Complete at NVC

02/28/07 Left NVC

03/01/07 Rec'd In Manila

04/20/07 Interview..Approved & put on AR... :(

05/24/07 Visa Received

06/04/07 Rose is in the U.S. (POE.MSP)

06/10/07 Green Card Arrives in mail

06/12/07 S.S # received

04/02/07 Biometrics Complete St.Paul Office University Ave.

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I'm confused as to why you are confused.

You say you were successful in applying for a K1 before... you married and she became your ex-wife.

Now you are re-married and applying for a K3.

Your answer to question D2, and on your I-129F is YES.

Jen


8-30-05 Met David at a restaurant in Germany

3-28-06 David 'officially' proposed

4-26-06 I-129F mailed

9-25-06 Interview: APPROVED!

10-16-06 Flt to US, POE Detroit

11-5-06 Married

7-2-07 Green card received

9-12-08 Filed for divorce

12-5-08 Court hearing - divorce final

A great marriage is not when the "perfect couple" comes together.

It is when an imperfect couple learns to enjoy their differences.

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Hi all,

I been searching every topic in this website for help regarding to a situation I have. Five years ago, I hired a lawyer to apply K-1 for my ex-wife. It was successful applying for K-1 but later we had problems in the relationship which lead to an end. Now, I am re-marry again and my current spouse is located in China. I'm planning on filing the I-130 to apply for her. There is a question in this application which troubles me. Question D #2. (Have you ever before filed a petition for this or any other alien? Yes or No).

I hired a lawyer in my past and I have no idea if he did or didn't. Beside, this is a for a K-3 and not for K-1. Which answer would I fall under? Also, what about form I-129F? It has this same question about did I ever file this I-129F before as well? I wish I know but that lawyer I hired had moved and I don't have anyways to contact him. What should I answer or do? Thanks everyone for your help and support. Greatly appreciated!

- Peter

That would be a definite YES!

Hope that helps, and you will also have to claim her on your affidavit of support down the road as well, as you are responsible for her until she is a legal citizen, dies, or attains 40 quarters of work time here in the U.S. which is roughly equivalent to 10 years worth of work.

...or is denied, or leaves the country permanently

Edited by diadromous mermaid

"diaddie mermaid"

You can 'catch' me on here and on FBI.

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Peter,

Where do you see a qualification or exception in the question that would make the previous petition for a K1 disappear?

Yodrak

Hi all,

.... Beside, this is a for a K-3 and not for K-1. Which answer would I fall under? ....

- Peter

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Thank you so much for your help everyone.

Say, I hope this wouldn't less my chance to apply for my current wife. Somehow in my mind it doesn't sit well. I know I should relax and not be worry but the mind thinks too much.

Here are another questions... sorry to ask again.

1) What if I don't have my ex-wife's A#? (Very concern)

2) When did I apply? Can I just answer with just "Year 2000" and no month/day? Because I don't have any track record of this case. My missing lawyer did this case.

3) What was the result? I just put down "positive". I hope that is enough of an answer.

4) When was it approved? - I don't have record again. :(

What and how should I answer these questions? Should I hire a lawyer now because of this?

Thank you again! (Very worry...)

Warm Regards,

Peter

Edited by manstudio

NA

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Peter,

One can only provide information that the know, one cannot provide what they don't know or don't have.

At the same time one should not lie and say that they don't know or don't have when the do, nor should they make up something just to have an answer that 'sounds good'.

Yodrak

Yodrak

Thank you so much for your help everyone.

Say, I hope this wouldn't less my chance to apply for my current wife. Somehow in my mind it doesn't sit well. I know I should relax and not be worry but the mind thinks too much.

Here are another questions... sorry to ask again.

1) What if I don't have my ex-wife's A#? (Very concern)

2) When did I apply? Can I just answer with just "Year 2000" and no month/day? Because I don't have any track record of this case. My missing lawyer did this case.

3) What was the result? I just put down "positive". I hope that is enough of an answer.

4) When was it approved? - I don't have record again.

What and how should I answer these questions? Should I hire a lawyer now because of this?

Thank you again! (Very worry...)

Warm Regards,

Peter

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Hi Yodrak:

Yes, I agreed and understand Yodrak. If I don't have the info, I will just leave it blank and answer what I do have. Yodrak, thanks for the advice. She is too important to me to mess things up. Again thank you!

To randynrose:

You submit both I-130 and I-129F at the sametime? I didn't know you can do that. I though you have to get I-130 approve first? and then include the approval letter with I-129F? Thank you Randy.

Warm Regards

-Peter


NA

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Hi Yodrak:

Yes, I agreed and understand Yodrak. If I don't have the info, I will just leave it blank and answer what I do have. Yodrak, thanks for the advice. She is too important to me to mess things up. Again thank you!

To randynrose:

You submit both I-130 and I-129F at the sametime? I didn't know you can do that. I though you have to get I-130 approve first? and then include the approval letter with I-129F? Thank you Randy.

Warm Regards

-Peter

As to your question on filing at the same time:

I would not suggest it, nor do I wish anyone to do as I have done. It was a suggestion made to me by an immigration attorney who files this way, and said to date they have had no problems. But I have yet to be approved on the I-129F, nor heard anything, and there have been many, many approvals on the I-129f of others who have posted a month or more after me. This may be a result of having done this, or maybe not. I do not know, and hope to call to find out status if they will tell me by the end of this month. Like yodrak said, answer everything truthfully, and where I did not have an answer I attached a sheet with my name, petition type, and question number saying I did not have that information any longer and should be available in their records as they are immigration. I also was very kind in saying thank you and I hope they could locate and complete the information I was lacking. Beyond that, I have not received an RFE or anything yet, and as I see it no information from them is a good thing so long as I see they approved one petition so far. That must be good.

And as you see, i even wrote a poem for the VJ crowd that I bet every single one of us can relate to. As you seen before, it is indeed a long and heart breaking process. This one will be even longer compared to that Peter. A k1 is so simple, after having gone thru it already. A k3 is much more complicated and timely.

as i said,they will not hold it against you for having done this before unless there are tell tale signs, and reasons to flag your petition. trust in God, and your heart.You will be fine.

Good Luck Sir:

Randy n Rose


Sent I-130 & I-129F on 06/30/06 same day

I-129f sent to Chicago

I-130 sent to Neb. transf. to CSC.

I-129F Process

07/03/06 Rec. Date on I-129F

07/06/06 Notice Date on NOA1

07/09/06 I-129F Rec. in mail

I-130 Process

07/24/06 I-130 NOA1 rec'd in mail

Confirmed-Notice rec'd from CSC

07/03/06 Recd date on I-130 NOA1

07/20/06 Notice Date on NOA1

E-mail rec'd 09-29-06 I 130 APPROVED

10/17/06 NVC rec'd , awaiting case #

10/19/06 NVC gives case #

10/30/06 NVC sent DS-3032 & I-864 bill.

10/31/06 DS-3032 sent using J's s/c

10/31/06 Wife e-mails NVC agent

11/01/06 I rec'd DS-3032 & AOS Fee Bill

11/07/06 NVC acccepts e-mailed agent

11/09/06 AOS Fee Bill O/N to NVC

11/13/06 NVC gnrts IV Bill

11/14/06 NVC rec'd AOS Fee Bill

11/21/06 I got IV Bill

11/22/06 IV Bill sent

11/30/06 IV Fee rec'd by NVC

12/04/06 I rec'd I-864 Pack

12/04/06 DS-230 gnrtd by NVC

12/05/06 I sent I-864

12/07/06 NVC got I-864

12/18/06 Sent DS-230 to NVC

12/20/06 DS-230 rec'd snail mail

12/21/06 E-mail from NVC, Rec'd DS-230

02/06/07 Case Complete at NVC

02/28/07 Left NVC

03/01/07 Rec'd In Manila

04/20/07 Interview..Approved & put on AR... :(

05/24/07 Visa Received

06/04/07 Rose is in the U.S. (POE.MSP)

06/10/07 Green Card Arrives in mail

06/12/07 S.S # received

04/02/07 Biometrics Complete St.Paul Office University Ave.

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Thank you for the very kind words. My heart is touched. Your advice was much needed indeed. I will attached a paper stating what I am missing. Really, thanks again. I will keep you in my prayers and wish you and your love one be together soon.

If I have any more questions, I know where to get some advices and suggestions. I'm in debt with everyone who help me in this process.

God Bless,

Peter


NA

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peter:

"You submit both I-130 and I-129F at the sametime? I didn't know you can do that. I though you have to get I-130 approve first? and then include the approval letter with I-129F? Thank you Randy."

u dont need a 'approved' I-130 to apply for a I-129F, u need to have the NOA1 of I-130

if anyone answered this..am too late


My I-130

Mailed 12/09/2006

Received 12/13/2006

NOA 12/27/2006

Touch 05/11/2007

Apprd 05/16/2007

My I-129F

Mailed 12/27/2006

Received 12/29/2006

NOA 01/03/2007

Trsfr to CSC 01/22/07

Touched 01/24/07,01/26/07,01/30/07

Touched 04/19/07, 04/20/07- touch for an RFE

RFE Recd 04/25/07;RFE Sent 04/26/07;CSC RFE Recd 04/27/07

Touched 05/03/07,05/04/07 (case processing has resumed)

Touched 05/07/07, 05/14/07, 05/17/07

Apprd 05/18/07-called Cust Serv, said I129F apprd on 05/16

NVC rcd 05/25/o7

NVC sent to local Consualte 05/30/07

Intrv 07/20/07: Success

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