Part 5 I-130 form- FOIA can't find record

[Koz 0]

Hello All,

 

I am trying to complete the I-130 for my wife.

 

In part 5 of I-130 it asks if you have ever filed a petition for a relative before and it asks for the exact date. I was married back in 1997 and I helped my wife at the time (now ex) get permission to live and work in the U.S. I am not on speaking terms with my now ex-wife. I was told to file an FOIA. I filed an FOIA and the reply came back that there were no results.

 

What should I do?

 

I think either

1) the gov can't find it

2) it was called something else back then

 

Do I need to get a lawyer to find this? Emails to FOIA just ask me to appeal if I want (not sure how I can appeal the result of 'nothing'). They don't answer my question: what should I do in Part 5 of the I-130

 

Thanks for your time and efforts

 

Best wishes,

TK

Edited August 23, 2017 by Koz
clarification

[Going through 5,674]

15 minutes ago, Koz said:

Hello All,

 

I am trying to complete the I-130 for my wife.

 

In part 5 of I-130 it asks if you have ever filed a petition for a relative before and it asks for the exact date. I was married back in 1997 and I helped my wife at the time (now ex) get permission to live and work in the U.S. I am not on speaking terms with my now ex-wife. I was told to file an FOIA. I filed an FOIA and the reply came back that there were no results.

 

What should I do?

 

I think either

1) the gov can't find it

2) it was called something else back then

 

Do I need to get a lawyer to find this? Emails to FOIA just ask me to appeal if I want (not sure how I can appeal the result of 'nothing'). They don't answer my question: what should I do in Part 5 of the I-130

 

Thanks for your time and efforts

 

Best wishes,

TK

Can you figure out at least the year or month & year, and put that?  Something is better than nothing...

[Koz 0]

Thank you for your suggestion. I did put the year, but FOIA couldn't find it. Do you recommend just submitting the petition with the year and then just adding the letter I received from FOIA? My only concern is that perhaps it was a different form back in 1997, so technically I haven't submitted a petition. However, I was instrumental in my wife getting permission to live in this country, so I was involved in helping an immigrant live and work here. The parameters from part 5 seem narrow, and the gov officials do not answer my question. The actual instructions for I-130 say nothing about part 5!

[Going through 5,674]

1 hour ago, Koz said:

My only concern is that perhaps it was a different form back in 1997, so technically I haven't submitted a petition. However, I was instrumental in my wife getting permission to live in this country, so I was involved in helping an immigrant live and work here.

The question isn't about if you went out of your way to help someone live/work in the US...but if you were the person who actually filed and signed the petition for her to apply to do so.

 

Since it sounds like you were not the person who formally filed for her, or signed any of her applications---then it makes sense why the FOIA could not find anything under your name.  If you were not your ex-wife's original petitioner on her application, then you did not petition anyone before your current wife.

[Koz 0]

Dear Going Through,

 

Thank you for your response. I think I might just say I don't know the exact date and include the FOIA response and mention that I was married to an alien before. That seems to be honest, and although might raise a flag from them, at least it ensures that it won't end up coming back to hurt me later if they do find something about my ex-wife. It's long ago and I don't really remember names of forms and exact dates. I just remember helping fill out some forms. It was very simple and swift back then.

 

Best wishes,

Koz

 

Edited September 7, 2017 by Koz

[Going through 5,674]

19 minutes ago, Koz said:

Dear Going Through,

 

Thank you for your response. I think I might just say I don't know the exact date and include the FOIA response and mention that I was married to an alien before. That seems to be honest, and although might raise a flag from them, at least it ensures that it won't end up coming back to hurt me later if they do find something about my ex-wife. It's long ago and I don't really remember names of forms and exact dates. I just remember helping fill out some forms. It was very simple and swift back then.

 

Best wishes,

Koz

 

Honesty is always the best policy.  Once you list her ex-wife's name they will be able to look back at her application and see who petitioned her   Best of luck to you in your filing!

[pushbrk 13,837]

On 9/7/2017 at 3:28 PM, Koz said:

Dear Going Through,

 

Thank you for your response. I think I might just say I don't know the exact date and include the FOIA response and mention that I was married to an alien before. That seems to be honest, and although might raise a flag from them, at least it ensures that it won't end up coming back to hurt me later if they do find something about my ex-wife. It's long ago and I don't really remember names of forms and exact dates. I just remember helping fill out some forms. It was very simple and swift back then.

 

Best wishes,

Koz

 

If you didn't file an I-130 petition for her, just check the no box and get on with it.  Read questions carefully, then interpret literally and answer accurately.  There is no question about whether you "helped" somebody.   Did you file a petition or not.  Simple as that, if the answer is no.