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

[kalelaimy 5]

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

[SB&RH 19]

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.

[shiam 1]

I agree with SB&RH. You should answer Yes since a petition was filed.

[B&Z 201]

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.

[JFH 12,190]

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.

[kalelaimy 5]

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 August 23, 2016 by kalelaimy

[EM_Vandaveer 2,408]

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.

Please Advice me

She still filed the petition. To state she's never filed a petition before is clearly a lie. Edited August 23, 2016 by EM_Vandaveer

[kalelaimy 5]

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 August 23, 2016 by kalelaimy

[Boiler 45,651]

Not a complicated question and they will know.

[EM_Vandaveer 2,408]

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 August 23, 2016 by EM_Vandaveer

[dwheels76 5,468]

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.

[B&Z 201]

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.

[NikLR 13,227]

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

[JFH 12,190]

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.

[Harpa Timsah 13,258]

Your wife never got a letter that the files were destroyed because that's not what they do.