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kalelaimy

I need a HELP from all Experts of IR-1/CR-1

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Hi VJ members,

my wife USC had a divorce and she applied before to her ex-husband and went through all the process but she got a divorce before the interview in the embassy, so she canceled this petition and sent a notice to NVC and USCIS to cancel and close the case.

my question is and please be 100% sure from your answer, Do my wife should include in i-130 form that she applied a petition before ? (Yes or No) I think there is a part in this form asking if she had apply before for anyone keep in mind she already closed and canceled the case after NVC and before the Consulate interview, My wife said to me we should answer No on this question in the form because the petition didn't go through and canceled per her request, so i am confused what is the true ???

Thanks


IR-1/CR-1 Visa

Service Center : Potomac Service Center

Consulate : Egypt

Marriage (if applicable): 2016-05-24

I-130 Sent : 2016-07-21

I-130 NOA1 : 2016-07-25

I-130 NOA2 Approved : 2016-08-26

NVC Received : 2016-09-07

Received DS-261 / AOS Bill : 2016-09-20
Submit DS-261 : 2016-09-20
Pay AOS Bill : 2016-09-20
Receive IV Bill : 2016-09-23
Pay IV Bill : 2016-09-24
Send AOS Package : 2016-09-26
Send IV Package : 2016-09-26
ٍSubmit DS-260: 2016-09-27
Scan Date: 2016-09-28

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If she answers "no" to that question, that would be a lie and USCIS would deny the petition before it even got to NVC. They'll check to see if she's filed a petition for anyone in the past anyway, regardless of what she puts on the form. She needs to say yes.


My Convoluted Story (see my profile for more details)
Jun 2009 - Met on Facebook
Mar 2010 - Visited Morocco for the first time, got engaged
Dec 30, 2011 - Wedding in Morocco (5th visit)
I-130/CR-1 (first time around)
31 Aug 2012 - Priority Date (Vermont, transferred to NBC)
31 Dec 2012 - NOA2
27Jul 2013 - Broke up/Separation (while waiting for case complete at NVC)
9 Jan 2014 - Filed for divorce in US (never completed)
4 Apr 2014 - USCIS NOIR
May 2015 - Reconciliation
Nov 2015 - Vacation together in Spain (7th in-person visit with each other)
I-130/IR-1 (second time around)
4 Feb 2016 - Priority Date
19 Apr 2016 - NOA2

17 May 2016 - NVC Case Number Assigned

31 May 2016 - Sent AOS/IV package to NVC

5 Jul 2016 - NVC Case Complete

10 Aug 2016 - Medical Exam

25 Aug 2016 - Interview - APPROVED

1 Sep 2016 - Husband picked up his visa

Husband POE'd @ IAD - 5 November

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The question is "have you ever filed a petition before?" It doesn't matter whether it was approved, denied, cancelled, or whatever. It asks if she has applied. Signing the form and mailing it to the lockbox address is applying. So the answer is yes.


 

 

 

 

 

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The question is "have you ever filed a petition before?" It doesn't matter whether it was approved, denied, cancelled, or whatever. It asks if she has applied. Signing the form and mailing it to the lockbox address is applying. So the answer is yes.

If she answers "no" to that question, that would be a lie and USCIS would deny the petition before it even got to NVC. They'll check to see if she's filed a petition for anyone in the past anyway, regardless of what she puts on the form. She needs to say yes.

The answer should be yes, even though it was canceled before issuance of visa.

The fact remain is that she submitted a petition to USCIS so they know that she applied in the past.

We already filed the petition and answered No, the reason we answered No was because of the following:

1. My wife USC sent a request to both USCIS & NVC to cancel and delete the case ASAP because she had a divorce.

2. After some time my wife got Mail stating that the Petition has been Permanently canceled & all the files have been destroyed, and it is no longer in the system.

Notice: My wife already stated and mentioned in the form that she was married before and had a divorce and she provided divorce papers.

Please Advice me and what is the best solution now.

Edited by kalelaimy

IR-1/CR-1 Visa

Service Center : Potomac Service Center

Consulate : Egypt

Marriage (if applicable): 2016-05-24

I-130 Sent : 2016-07-21

I-130 NOA1 : 2016-07-25

I-130 NOA2 Approved : 2016-08-26

NVC Received : 2016-09-07

Received DS-261 / AOS Bill : 2016-09-20
Submit DS-261 : 2016-09-20
Pay AOS Bill : 2016-09-20
Receive IV Bill : 2016-09-23
Pay IV Bill : 2016-09-24
Send AOS Package : 2016-09-26
Send IV Package : 2016-09-26
ٍSubmit DS-260: 2016-09-27
Scan Date: 2016-09-28

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She still filed the petition. To state she's never filed a petition before is clearly a lie.

maybe there is a misunderstanding i didn't mean she never filed what i meant is we sent the petition but we still in the process. maybe i didn't explain it well. and BTW why should i lie when i ask a question like that in the forum ? what's the point ?

Please keep us in the topic it would be better

Edited by kalelaimy

IR-1/CR-1 Visa

Service Center : Potomac Service Center

Consulate : Egypt

Marriage (if applicable): 2016-05-24

I-130 Sent : 2016-07-21

I-130 NOA1 : 2016-07-25

I-130 NOA2 Approved : 2016-08-26

NVC Received : 2016-09-07

Received DS-261 / AOS Bill : 2016-09-20
Submit DS-261 : 2016-09-20
Pay AOS Bill : 2016-09-20
Receive IV Bill : 2016-09-23
Pay IV Bill : 2016-09-24
Send AOS Package : 2016-09-26
Send IV Package : 2016-09-26
ٍSubmit DS-260: 2016-09-27
Scan Date: 2016-09-28

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Not a complicated question and they will know.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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maybe there is a misunderstanding i didn't mean she never filed what i meant is we sent the petition but we still in the process. maybe i didn't explain it well. and BTW why should i lie when i ask a question like that in the forum ? what's the point ?

Please keep us in the topic it would be better

You said she marked NO to has she ever filed a petition before. That's not correct (i.e it's a lie) as she has filed a petition before (regardless if it was later cancelled). Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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maybe there is a misunderstanding i didn't mean she never filed what i meant is we sent the petition but we still in the process. maybe i didn't explain it well. and BTW why should i lie when i ask a question like that in the forum ? what's the point ?

Please keep us in the topic it would be better

The question was answered on topic. You answered the question wrong and your embassy is no joke and doesn't play. Just ask yourself this question

Has your wife ever filed a petition with USCIS?" EVER. The answer is yes she should have answered yes. Nothing you can do now. Hopefully the CO is lenient towards you.

Well I have never heard ever USCIS saying "your Petition has been Permanently canceled & all the files have been destroyed, and it is no longer in the system". Doesn't even seem real.


Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.
Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

:goofy:


Come join the current Interview thread: 

 

Case-Complete-to-Interview-January-2019/

Case Complete to Interview Form
Case Complete to Interview Spreadsheet
NVC Filers Wiki Process

 

 

 

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We already filed the petition and answered No, the reason we answered No was because of the following:

1. My wife USC sent a request to both USCIS & NVC to cancel and delete the case ASAP because she had a divorce.

2. After some time my wife got Mail stating that the Petition has been Permanently canceled & all the files have been destroyed, and it is no longer in the system.

Notice: My wife already stated and mentioned in the form that she was married before and had a divorce and she provided divorce papers.

Please Advice me and what is the best solution now.

It's too late. All you can do now is wait and see what happens to you.


My Convoluted Story (see my profile for more details)
Jun 2009 - Met on Facebook
Mar 2010 - Visited Morocco for the first time, got engaged
Dec 30, 2011 - Wedding in Morocco (5th visit)
I-130/CR-1 (first time around)
31 Aug 2012 - Priority Date (Vermont, transferred to NBC)
31 Dec 2012 - NOA2
27Jul 2013 - Broke up/Separation (while waiting for case complete at NVC)
9 Jan 2014 - Filed for divorce in US (never completed)
4 Apr 2014 - USCIS NOIR
May 2015 - Reconciliation
Nov 2015 - Vacation together in Spain (7th in-person visit with each other)
I-130/IR-1 (second time around)
4 Feb 2016 - Priority Date
19 Apr 2016 - NOA2

17 May 2016 - NVC Case Number Assigned

31 May 2016 - Sent AOS/IV package to NVC

5 Jul 2016 - NVC Case Complete

10 Aug 2016 - Medical Exam

25 Aug 2016 - Interview - APPROVED

1 Sep 2016 - Husband picked up his visa

Husband POE'd @ IAD - 5 November

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USCIS will not delete or destroy the old file. Hopefully they are lienent about your wife's lie. Be TRUTHFUL always.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Of course they will know. She provided her social security number on each petition. Social security numbers are unique, that's why you have to provide them on each petition. There could be more than one person in the country with the same name as your wife, even the same date of birth. But no one else has your wife's SSN and they will spot the other petition as soon as they tap her SSN into the computer.

Keep your fingers crossed that they are gentle with you over this.


 

 

 

 

 

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