Filling out new I-130 (2017), confused about part 4, question 10 : Has anyone ever filed petition for beneficiary before?

[Aro 0]

Hi,

 

The previous edition of the I-130 does not ask this question this way and I'm a little confused, as I petition on behalf of my husband.

 

"Has anyone ever filed a petition on behalf of the beneficiary before?" - In our case, no one has filed an I-130 on behalf of my husband before, but he does hold an O-1 visa that technically, has to be "petitioned" for too, even though it is a non-immigrant visa.

 

So my question is: are they referring specifically to immigrant petitions or does it include non-immigrant petitions too? 

 

In a later question, they ask if I have ever filed an immigrant petition on anyone else's behalf before. I haven't, but the question is so much clearer as it asks specifically about immigrant petitions.

 

I'm confused!

 

Any help would be appreciated.

 

Thanks.

 

 

[nightingalejules 678]

1 hour ago, Aro said:

Hi,

 

The previous edition of the I-130 does not ask this question this way and I'm a little confused, as I petition on behalf of my husband.

 

"Has anyone ever filed a petition on behalf of the beneficiary before?" - In our case, no one has filed an I-130 on behalf of my husband before, but he does hold an O-1 visa that technically, has to be "petitioned" for too, even though it is a non-immigrant visa.

 

So my question is: are they referring specifically to immigrant petitions or does it include non-immigrant petitions too? 

 

In a later question, they ask if I have ever filed an immigrant petition on anyone else's behalf before. I haven't, but the question is so much clearer as it asks specifically about immigrant petitions.

 

I'm confused!

 

Any help would be appreciated.

 

Thanks.

 

 

I'm fairly sure that they're trying to find out whether the beneficiary has had a previous k1 or ir1 petition before, but the way the question is worded your answer has to be "yes".

If it doesn't give you room on the form, add an extra sheet that specifies the type of visa and add that he has never been petitioned for a family based visa before (like an ir1 or k1)

[htfaust 131]

I agree with the above poster. If in doubt, it's better to say "yes" than risking an accusation of concealing a material fact.

[Aro 0]

Thanks guys!!! I'll say yes and add an addendum.

[mika.and.allen 0]

I'm filling out the new 2017 i-130 as well as we speak! Are you referring to part 5 question 1 where it asks "Have you EVER previously filed a petition for this beneficiary or any other alien?" ? If so, I'm stuck too, it's a very vague question, but it is referring to YOU, so if YOU haven't filed any other petition before, the answer would be NO. If you did do the O-1 I'd definitely agree and say "yes" with an explanation since it doesn't ask about specifically i-130 petitions, but any petition. 

The reason I'm stuck is because my husband and I filed for a fiance visa a year and a half ago before we were married and got declined ("not enough proof" apparently.....don't get me started), so I will have to say yes...but if anyone might know I'm really confused is the place of filing referring to which lockbox it was sent to, or the city I literally sent it from? And as for the date of filing, is that referring to the date I sent it or the date I got the receipt or what? Thanks and best of luck to you and your spouse, I know this process is SO stressful.

[Aro 0]

My confusion is actually about part 4 question 10, but I can see how confusing these question can get!

 

My husband has never had an immigrant petition filed on his behalf before, so that question in part 5 was pretty easy to answer. 

 

For what it is worth, I think that Nightingalejules' answer is the best response I've had so far, as it covers all your bases - answer yes and then, if you think it is necessary/want to, provide an explanation on page 12, indicating which part and question the response is to. That way, you won't risk being accused of hiding anything. I also included a copy of the Approval Notice my husband received when he got his O-1. It shows the date,  where it was filed and who filed it. 

 

Personally, I would use the date and city the USCIS recorded - date of receipt and city and state where it was posted to.  I'll just use the info on the receipts/notifications I received.

[mika.and.allen 0]

1 hour ago, Aro said:

My confusion is actually about part 4 question 10, but I can see how confusing these question can get!

 

My husband has never had an immigrant petition filed on his behalf before, so that question in part 5 was pretty easy to answer. 

 

For what it is worth, I think that Nightingalejules' answer is the best response I've had so far, as it covers all your bases - answer yes and then, if you think it is necessary/want to, provide an explanation on page 12, indicating which part and question the response is to. That way, you won't risk being accused of hiding anything. I also included a copy of the Approval Notice my husband received when he got his O-1. It shows the date,  where it was filed and who filed it. 

 

Personally, I would use the date and city the USCIS recorded - date of receipt and city and state where it was posted to.  I'll just use the info on the receipts/notifications I received.

Oh, yes, sorry I just now saw that question! I posted a new forum asking about my confusion and a kind man responded saying fill it in as where i sent it and the day i sent it, and he's been through this so I guess that's what I'll do. Wish this process wasn't as costly or I'd get a lawyers help to make sure:(

[Ben & Katy 168]

I need this answered too.  I filed for my ex wife in February 2007 and she was approved by July 2007.  I can't remember the exact number date.  Should I put an estimate I.e; 2/27/07?

I remarried this past July with my Mexican spouse and I am filing i130 for her. 

[Aro 0]

1 hour ago, ironpatriot1 said:

I need this answered too.  I filed for my ex wife in February 2007 and she was approved by July 2007.  I can't remember the exact number date.  Should I put an estimate I.e; 2/27/07?

I remarried this past July with my Mexican spouse and I am filing i130 for her. 

Are you sure the question you are referring to is Part 4 question 10? The question is about your current wife ( the beneficiary ), not your ex-wife. The question is asking whether your current wife has ever had anyone file a petition on her behalf before.

 

On the other hand, if the question you are actually referring to is part 5 questions 1 to 5, have YOU ever previously filed a petition for the beneficiary or any other alien, then of course the answer is yes, as you did file for your ex-wife.

 

Personally, if there is no way of finding out the exact date as it was 10 years ago, I would offer a close approximation, like what you're suggesting - or maybe mid Feb 02/14/2007; and then, just to cover myself, I would use the extra sheet, page 12 of the I-130, to explain that while it was filed in Feb 2007, the date you have offered in your answer is an approximate as you no longer have a record of it, as it happened so long ago. Just remember that if you choose to use extra sheet, ensure you label it clearly so that they will know exactly which question your explanation is referring to.

 

 

[RhonaB 0]

I'm having a similar issue. I'm on a h1b now and applying for change of status through marriage. I read somewhere that I should answer no to this question, but gave no reasoning. Perhaps because H1b was not a i-130 petition or immigration petition? 

[Aro 0]

1 hour ago, RhonaB said:

I'm having a similar issue. I'm on a h1b now and applying for change of status through marriage. I read somewhere that I should answer no to this question, but gave no reasoning. Perhaps because H1b was not a i-130 petition or immigration petition? 

 

Well in the end, to be as transparent as possible, we answered "yes" in terms of my husband's previous O-1 and used the extra sheet to explain that he'd had an O-1 petitioned filed for him before and would be enclosing a copy of the Approval Notice with the application, but he'd never had an I-130 petition filed on his behalf. 

 

It didn't even come up in our interview.

[RhonaB 0]

Ok thanks!!!