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Hello everyone,

 

I need your help. I received an RFE this past Monday. On the I-129F, I stated "No" to Question 14 which was "Have you ever filed for this or any other alien fiance(e) or husband/wife before?" However, service records show that I did file an I-130 for my ex-wife. This was over 12 years ago and at the time, my former mother-in-law was the one that took care of the paperwork. At the time I was naive to all of that so I didn't pay attention and I never requested a copy of anything. 

 

The request is asking the following:

 

1. Alien Registration Number

2. Family Name

3. Given Name

4. Middle Name

5. Date of Filing

6. City or Town

7. State

8. Result

9. Provide an explanation as to why the information was left out.

 

My question is, do I need to just fill out those answers or do I need to also include a copy of the I-130 form? As far as the explanation, should I also ask my former mother-in-law to verify that she was the one to take care of the paperwork?

 

Thank you so much.

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You can fill out the answers to this. You don't need to provide copies unless they ask you for it. It would probably help to get a notarized statement from your former mother in law that she completed the paperwork. However, because you were the petitioner, USCIS won't really care that she did the paperwork. Fact is, you were married and you submitted a petition for your ex-wife. 

As long as you are always honest with USCIS, you will not have any issues. 


K-1 Visa

Service Center: Texas Service Center

Transferred? No

Consulate: Mumbai, India

 

Met at University in UK: 2010

Engaged in India: 03/31/2014

I-129F Sent: 06/20/2014

NOA1: 06/25/2014

NOA2: 12/16/2014

NOA2 Hardcopy Received: 12/23/2014

Case Sent to NVC: 12/23/2014

NVC Case Number Assigned: 01/05/2015

Case Sent to Consulate: 01/08/2015

Case "Ready" at Consulate: 01/09/2015

Applied for PCC: 01/20/2015

PCC in hand: 02/23/2015

Medical: 01/23/2015

Completed DS-160 and paid visa fee: 02/20/2015

Interview: 03/13/2015 APPROVED :)--> Same day went into AP

Visa "issued" on CEAC webstie: 03/16/2015

:goofy: :goofy: Visa in hand! 03/18/2015 :goofy::goofy:

POE: 06/04/2015 :dancing: :dancing: :dancing:

AOS Journey

06.11.2015- City Hall Wedding

06.29.2015- Mailed AOS Package

07.01.2015 - Package Delivered at Chicago Lockbox

07.02.2015- Date Received as per USCIS

07.09.2015- NOA1 for EAD/AP

07.24.2015- RFE :ranting:

08.13.2015- USCIS accepted RFE response

09.08.2015- EAD received

Waiting for the interview :clock:

12.19.2015 WE GOT THE GREEN CARD IN THE MAIL!!!!! No interview :)

ROC

10.25.2017 ROC packet received by VT Service Center

11.02.2017- Received NOA dated 10.26.2017

11.29.17- Completed Biometrics

Waiting for the interview :clock:

 

 

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It doesn't matter who actually completed the paperwork as the petitioner has to sign it attesting to the truth and accuracy of it, nor does it matter how long ago it happened. There is no plausible deniability, in USCIS' eyes, that the petitioner was unaware of a prior petition. It doesn't necessarily result in any kind of misrepresentation finding, but they do want to know what is causing the discrepancy.

 

Moving forward, just give USCIS the information that they are asking for. There shouldn't be any need for the prior I-130s...plus they have records of it in their system already. For the explanation, just explain the same circumstances that you've put here and remain completely honest. I don't think it's necessary or may not even help, but it also won't hurt you to have your former MIL sign an affidavit that she prepared the prior papers. It doesn't "excuse" the inaccurate information, but at least it's an affirmation of your explanation.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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My only other question is regarding 

1 hour ago, geowrian said:

It doesn't matter who actually completed the paperwork as the petitioner has to sign it attesting to the truth and accuracy of it, nor does it matter how long ago it happened. There is no plausible deniability, in USCIS' eyes, that the petitioner was unaware of a prior petition. It doesn't necessarily result in any kind of misrepresentation finding, but they do want to know what is causing the discrepancy.

 

Moving forward, just give USCIS the information that they are asking for. There shouldn't be any need for the prior I-130s...plus they have records of it in their system already. For the explanation, just explain the same circumstances that you've put here and remain completely honest. I don't think it's necessary or may not even help, but it also won't hurt you to have your former MIL sign an affidavit that she prepared the prior papers. It doesn't "excuse" the inaccurate information, but at least it's an affirmation of your explanation.

I appreciate your response geowrian. It helps me a lot. I just feel stressed now because of my stupidity on this question. To be honest I was just thinking the question was asking about fiancee and not spouse but clearly it states "...or husband/spouse." 

 

For the city or town, is that the city that was entered on the application (home address)? Also for the notorized letter, my former MIL had a paralegal send in the paperwork. Should the letter come from the paralegal or my former MIL?

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2 hours ago, Ariel and Joana said:

My only other question is regarding 

I appreciate your response geowrian. It helps me a lot. I just feel stressed now because of my stupidity on this question. To be honest I was just thinking the question was asking about fiancee and not spouse but clearly it states "...or husband/spouse." 

 

For the city or town, is that the city that was entered on the application (home address)? Also for the notorized letter, my former MIL had a paralegal send in the paperwork. Should the letter come from the paralegal or my former MIL?

Yes, that's the city you were at when it was filed. 

Don't bother about getting the letter, it won't do anything. They are asking about why you said NO to the question in this application. Saying you forgot because somebody prepared the paperwork is not a good answer and they don't care about wat happened 12 years ago. They wanna know why you avoided that answer now. Provide a straightforward reasoning , like , you overlooked the question or you though they were asking for the fiance or something like that. 


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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3 minutes ago, arken said:

Yes, that's the city you were at when it was filed. 

Don't bother about getting the letter, it won't do anything. They are asking about why you said NO to the question in this application. Saying you forgot because somebody prepared the paperwork is not a good answer and they don't care about wat happened 12 years ago. They wanna know why you avoided that answer now. Provide a straightforward reasoning , like , you overlooked the question or you though they were asking for the fiance or something like that. 

Okay. Thank you for your help. I just feel stressed because of this.

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My issue now is I don't have any copies of the paperwork to answer the filing date of the I-130. My former MIL can't find the copies and apparently the consultant doesn't have anything but the I-751. Do I have no choice but to request a copy of the I-130? Is that even a possibility?

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I hope someone can respond to this question...

 

What can I do if I don't have any copy of the I-130 application that was originally sent? I got in contact with my former MIL and she couldn't find any copies. She also went to the Immigration office that she used to prepare the I-130 back in 2005. The lady that helped her didn't have any copies either because she throws away any record after 5 years. So now I'm stuck because the only question I don't have the answer to is when I filed the I-130. Do I explain this to USCIS in my response letter or do I just have to request for a copy of the old I-130 from 12 years ago? Please advise. Thank you!

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