I-30 Help. Previously Denied VISA

[Ando. 0]

Hi. My wife and I (before she was my wife) previously applied for the fiance visa but were denied after sending in our I-29F. It was our own silly fault, we simply sent the forms and the cheque without anything else for the package (our understanding was that all the proof came at the next stage) and were subsequently sent a denial letter. If only we'd found this site before we sent the form! Luckily my wife (USC) has permanent residency here in Aus and we were able to stay here together.

Now we are married and looking to move to the US, but we have a couple of questions for the I-30.

1. Section C question 16: "Has your relative ever been under immigration proceedings?" Would filing the I-29F be considered 'immigration proceedings'? I believe it's a non-immigrant visa first of all and the check boxes don't really apply to us as far as I can tell (Removal, Exclusion/Deportation, Rescission, Judicial Proceedings)?

2. Section D question 2: "Have you ever before filed a petition for this or any other alien?" This one we know to check YES, but we're looking for some wording help. It says "If YES give name, place and date of filing and result", would this just be my name, the place we sent it to which I think was Texas, the date and then "Denied"? Can we elaborate on the denied part? "Lack of information at first stage or petition." or something?

Thanks for any help. We are determined to get this right this time so I expect I'll be making a few posts over the course.

[Ando. 0]

Its seems I kept writing I-30 instead of I-130. Not sure why. I can't seem to edit the post either which is strange.

You get the point.

[Ryan H 3,813]

Answers:

1. No, you have not been subjected to immigration proceedings. You gave examples of what proceedings are and you have not been subjected to any of them.

2. For place it was sent to, it would have been the service center in California or Vermont (Texas is only an intake facility). You can tell which one the file ended up at by looking at the first 3 letters of the receipt number, if they are EAC, it was in Vermont; if they are WAC it was in California. For result you would write denied, USCIS should be able to look up the reason why, but if you wanted to, an explanation of the oversight that was the direct cause of the denial of the petition can be attached.