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cmrobles

Should I submit beneficiary's immigration record along with I-129f packet?

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Filed: Timeline

Hello! I am Carlos, I am a US Citizen.

I am filing an I-129F petition for my fiance Victor. My fiance used to live in the U.S., entered legally in 2003 with a tourist visa, then his mom married a US citizen and filed for adjustment of status for Victor. Things didnt go too well with the adjustment of status petition for him and his mom during the interview, after a few years they denied it. The stepdad filed again, but Victor could no longer be part of the petition given he was over 18 at the time of the 2nd submission. Then other petitions were filed on my fiance's behalf and so on but things were still in the process of either a yes or a no, until in 2012 my fiance didnt want to continue fighting his case in court and his lawyer requested Voluntary Departure, which was granted and he left. When he was in the states, he was arrested for a few hours on a criminal case, the case was dissmissed: no sentence, no jail time, no guilty plea, nothing- all dismissed. As we are ready to mail the I-129F packet, we are wondering whether or not we should submit evidence of his legal entry to the US, as well as the petitions filed on his behalf, the granting of the voluntary departure, the proof of his departure as agreed, and the court's disposition on the dismissed case along with the I-129f packet?? or just wait til that is requested in the interview process... Of course we did answer yes to the question about whether he had been in the United States, we provided his A# as well as his SSN# from when he was living here... we just want to know if we should make all that record part of the I-129F packet or not. -----we are aware of the potential need for a waiver for the unlawful presence, please dont address that in your answers :) ------

THANK YOU for ANY help that might help us figure out what to do here! THANK YOU, THANK YOU! :)

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Filed: K-1 Visa Country: Mexico
Timeline

Hello! I am Carlos, I am a US Citizen.

I am filing an I-129F petition for my fiance Victor. My fiance used to live in the U.S., entered legally in 2003 with a tourist visa, then his mom married a US citizen and filed for adjustment of status for Victor. Things didnt go too well with the adjustment of status petition for him and his mom during the interview, after a few years they denied it. The stepdad filed again, but Victor could no longer be part of the petition given he was over 18 at the time of the 2nd submission. Then other petitions were filed on my fiance's behalf and so on but things were still in the process of either a yes or a no, until in 2012 my fiance didnt want to continue fighting his case in court and his lawyer requested Voluntary Departure, which was granted and he left. When he was in the states, he was arrested for a few hours on a criminal case, the case was dissmissed: no sentence, no jail time, no guilty plea, nothing- all dismissed. As we are ready to mail the I-129F packet, we are wondering whether or not we should submit evidence of his legal entry to the US, as well as the petitions filed on his behalf, the granting of the voluntary departure, the proof of his departure as agreed, and the court's disposition on the dismissed case along with the I-129f packet?? or just wait til that is requested in the interview process... Of course we did answer yes to the question about whether he had been in the United States, we provided his A# as well as his SSN# from when he was living here... we just want to know if we should make all that record part of the I-129F packet or not. -----we are aware of the potential need for a waiver for the unlawful presence, please dont address that in your answers :) ------

THANK YOU for ANY help that might help us figure out what to do here! THANK YOU, THANK YOU! :)

It is clearly stated what evidence you are supposed to submit in the guides as it relates to the original petition. I suggest you read them. As far as your fiancee's entry into the US, there is a question on the I-129F that specifically asks that, thus YES you need to include the dates of entry (and exit) depending on what exactly is on the I-129F. In many cases, a lawyer is not needed to do the process. Given the complexity of your case, I believe there is some added value a lawyer could bring in your situation.

Edited by msbau764

K1 Visa Event Date Service Center : Texas Service Center Transferred? No Consulate : Juarez, Mexico

I-129F: Sent 9/5/2014

I-129F: Arrived at Lewisville 9/8/2014

I-129F: NOA1 Text message/mail 9/11/2014

I-129F: Alien Registration Number Changed 9/16/2014

I-129F: Request to correct on document or notice assigned to an officer for response 10/25/2014

I-129F: Name Change request made 10/31/2014

I-129F: Crickets as of today

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Filed: Timeline

Thanks for your input. On the I-129F form there are two questions pertaining to the beneficiary having been in the states: The first asks whether or not the beneficiary has been in the united states (we answered YES) then, the next question (which is where you specify the date of entry/exit, passport #, etc) states: Is the beneficiary CURRENTLY in the united states (which in our case is NO) therefore, there is no place for us to provide entry/exit date, form of entry, etc... Which is why we need to know whether we should provide it as part of the packet or not?

Thanks again for your comment.

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