I-130 form help thread

[darth vader 133]

Form I-130 asks:
 

Has anyone else ever filed a petition for this beneficiary?

I had filed a k1 for my husband (then fiance) in the past which we ended up withdrawing, and now applying for I-130. What should I answer to the above question?

Thanks!

Edited December 4, 2017 by darth vader

[EandH0904 1,184]

Well you did, so write yes. I think it asks for the outcome of that petition so you can write it was withdrawn. If you got a cancellation notice from USCIS is include that too. 

[darth vader 133]

10 minutes ago, EandH0904 said:

Well you did, so write yes. I think it asks for the outcome of that petition so you can write it was withdrawn. If you got a cancellation notice from USCIS is include that too. 

Thanks! How about the question -

 

Was beneficiary ever in immigration proceedings?

My husband has never been to U.S.

Edited December 4, 2017 by darth vader

[TNJ17 1,329]

Is your current beneficiary the same beneficiary that you applied the k1for and later withdrew? Because if so then your answer is yes. But if it’s a different person then it’s no. They’re not asking about you the petitioner, they’re asking about the immigrant. 

[pushbrk 13,836]

Generally the answer to the immigration proceedings question will be no.  Did you look at the options for follow-up answers if you answered yes?  Did any apply?  That's your clue.

[darth vader 133]

10 minutes ago, pushbrk said:

Generally the answer to the immigration proceedings question will be no.  Did you look at the options for follow-up answers if you answered yes?  Did any apply?  That's your clue.

I looked at the follow-up options which were (removal, exclusion/deportation, rescission, other judicial proceedings ). My husband hasn't been to U.S. hence the first three didn't apply and we haven't been in any judicial proceedings.

 

Thanks for answering Pushbrk.

Edited December 4, 2017 by darth vader

[pushbrk 13,836]

5 hours ago, darth vader said:

I looked at the follow-up options which were (removal, exclusion/deportation, rescission, other judicial proceedings ). My husband hasn't been to U.S. hence the first three didn't apply and we haven't been in any judicial proceedings.

 

Thanks for answering Pushbrk.

Only people actually IN the USA can be in immigration proceedings.

[darth vader 133]

On 12/4/2017 at 4:50 AM, pushbrk said:

Only people actually IN the USA can be in immigration proceedings.

One more very important question that I desperately need help with -
Before I met my now husband I was married to a guy on H1B visa. Our marriage lasted a little less then 2 years and we applied for I-130 (through his employer's attorney as they covered the expenses) for him at one and a half year mark of our marriage. The marriage fell apart shortly after application and we separated and later divorced. The I-130 was withdrawn after we separated and before we got divorced.

I had later filed for an I-129f for my now husband, which got approved. Although, my memory is hazy and I cant remember what I said about the previous withdrawn I-130 for my ex-husband in that I-129f . I am now applying for my husband's I-130 and I need to list if I had any previous petition with USCIS. Should I say that I applied for the I-130 for my ex-husband and it was later withdrawn. I also have to explain that the K1 for my present husband was also withdrawn(I am saying it was "denied" to be on safer side and explaining that it was actually "withdrawn" on an extra sheet that I call "I-130 addendum").

My question is that does this whole history complicate my petition? I have two previous petitions - both withdrawn for two different beneficiaries, one of those is my present husband and current beneficiary. Have you guys seen people like me get approved from USICS ? Any advice on how to go about my present I-130 petition would really be helpful. We have a very strong marriage and live together. Any advice on how to explain previous petitions would really help us out.

Edited December 11, 2017 by darth vader

[NikLR 13,234]

Why would it be safer to say something was denied when you withdrew it? 

[darth vader 133]

On 12/11/2017 at 8:13 AM, NikLR said:

Why would it be safer to say something was denied when you withdrew it? 

Because he appeared for his k1 interview was told by the officer that he didn't think the relationship was genuine and he was sending the petition back to NVC for review and possible revocation. We got married after that, and received a surprise request to appear for a second interview. We were married at that point so we withdrew our petition. Since, it was first denied then re-opened then withdrawn, we are trying to be on safer side and say it was denied.

Edited December 12, 2017 by darth vader

[darth vader 133]

On 12/10/2017 at 10:34 PM, darth vader said:

One more very important question that I desperately need help with -
Before I met my now husband I was married to a guy on H1B visa. Our marriage lasted a little less then 2 years and we applied for I-130 (through his employer's attorney as they covered the expenses) for him at one and a half year mark of our marriage. The marriage fell apart shortly after application and we separated and later divorced. The I-130 was withdrawn after we separated and before we got divorced.

I had later filed for an I-129f for my now husband, which got approved. Although, my memory is hazy and I cant remember what I said about the previous withdrawn I-130 for my ex-husband in that I-129f . I am now applying for my husband's I-130 and I need to list if I had any previous petition with USCIS. Should I say that I applied for the I-130 for my ex-husband and it was later withdrawn. I also have to explain that the K1 for my present husband was also withdrawn(I am saying it was "denied" to be on safer side and explaining that it was actually "withdrawn" on an extra sheet that I call "I-130 addendum").

My question is that does this whole history complicate my petition? I have two previous petitions - both withdrawn for two different beneficiaries, one of those is my present husband and current beneficiary. Have you guys seen people like me get approved from USICS ? Any advice on how to go about my present I-130 petition would really be helpful. We have a very strong marriage and live together. Any advice on how to explain previous petitions would really help us out.

@pushbrk Can you please advise?

Edited December 12, 2017 by darth vader

[pushbrk 13,836]

On 12/12/2017 at 5:12 PM, darth vader said:

@pushbrk Can you please advise?

It sounds as if you know the literally correct answers to the questions on the form.  Read carefully, interpret literally and answer accurately.  This is not complicated.  Withdrawn and denied are quite different.  You know which one is the correct answer, so provide it.

[darth vader 133]

9 minutes ago, pushbrk said:

It sounds as if you know the literally correct answers to the questions on the form.  Read carefully, interpret literally and answer accurately.  This is not complicated.  Withdrawn and denied are quite different.  You know which one is the correct answer, so provide it.

@pushbrk Thanks! The only issue is that I have seen here, more than one time people advising OP to 'err on the side of caution'. I have every evidence that I need to believe our k1 was withdrawn, but knowing the amount of leverage U.S. immigration system has I am scared to draw any conclusions. I would rather say denied and explain it. USCIS told us our case was "administratively closed, most likely due to withdrawal", they never confirmed in unequivocal terms that it was withdrawn, U.S. embassy in New Delhi did. I-130 goes to USICS, hence the extra caution. I guess my question would then be - would saying it was denied and then explaining it was withdrawn is not advised?

Thanks for taking the time to answer.

Edited December 14, 2017 by darth vader

[pushbrk 13,836]

Just now, darth vader said:

@pushbrk Thanks! The only issue is that I have seen here, more than one time people advising OP to 'arr on the side of caution'. I have every evidence that I need to believe our k1 was withdrawn, but knowing the amount of leverage U.S. immigration system has I am scared to draw any conclusions. I would rather say denied and explain it. USCIS told us our case was "administratively closed, most likely due to withdrawal", they never confirmed in unequivocal terms that it was withdrawn, U.S. embassy in New Delhi did. I-130 goes to USICS, hence the extra caution. I guess my question would then be - would saying it was denied and then explaining it was withdrawn is not advised?

Thanks for taking the time to answer.

Don't err.  Tell the truth.

[darth vader 133]

10 minutes ago, pushbrk said:

Don't err.  Tell the truth.

@pushbrkOK. How about this - I say "see attachment" under the result of previous petition and explain the case in the attachment and provide letter from U.S. embassy in India confirming the withdrawal?

Edited December 14, 2017 by darth vader