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tonyjackson

i129 f to i130 spouse

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good afternoon .

ia have a situation please i need an advice from this community 

my i129f got approved ,my fiancee passed the interview at the consulate but we got married now :

my question is should i file i 130 ? if yes part 3 question 10 : has anyone else ever filled a petition : should i choose yes ?

(am the same person who filed i129f now i130 ) .

also i 130 part 4 59a : my wife she still living at her parents house oversease should type never lived together ?

thank you so much.

 

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So she obtained a K-1 visa (or interviewed but it was never issued?) and then you married abroad? If so, then the K-1 is no longer valid. You would need to file an I-130 and obtain a CR-1/IR-1 visa.

 

Or did she enter on the K-1 and then you married within 90 days? If so, she needs to do AOS instead. No I-130 needed.

If she entered on the K-1 and married after 90 days, then AOS w/ an I-130 is needed.

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

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: 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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22 minutes ago, tonyjackson said:

good afternoon .

ia have a situation please i need an advice from this community 

my i129f got approved ,my fiancee passed the interview at the consulate but we got married now :

my question is should i file i 130 ? if yes part 3 question 10 : has anyone else ever filled a petition : should i choose yes ?

(am the same person who filed i129f now i130 ) .

also i 130 part 4 59a : my wife she still living at her parents house oversease should type never lived together ?

thank you so much.

 

So you went through the whole process and married in her country instead?


             Trips                 

Late 2017: Met online via Line app

5/16/18 - 5/26/18: 1st trip - Beirut

5/24/18 - He proposed!

12/1/18 - 12/16/18: 2nd trip - Beirut

 

             K1 Visa             

9/10/18: Petition sent

9/12/18: NOA1 old

9/17/18: NOA1 new

1/25/19: NOA2 paper

1/28/19: NOA2 new

 

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9 hours ago, geowrian said:

So she obtained a K-1 visa (or interviewed but it was never issued?) and then you married abroad? If so, then the K-1 is no longer valid. You would need to file an I-130 and obtain a CR-1/IR-1 visa.

 

Or did she enter on the K-1 and then you married within 90 days? If so, she needs to do AOS instead. No I-130 needed.

If she entered on the K-1 and married after 90 days, then AOS w/ an I-130 is needed.

thank you for your reply :

she got interviewed but the visa never issued . so on the form i130 part 3 question 10 (has anyone else ....) does it mean excluding  me or including me ?

thank you so much.

 

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6 hours ago, tonyjackson said:

thank you for your reply :

she got interviewed but the visa never issued . so on the form i130 part 3 question 10 (has anyone else ....) does it mean excluding  me or including me ?

thank you so much.

Gotcha, thanks.

 

Yes, you need to file an I-130 now. The answer to that would be yes. It refers to anybody.


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

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: 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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7 hours ago, geowrian said:

Gotcha, thanks.

 

Yes, you need to file an I-130 now. The answer to that would be yes. It refers to anybody.

I don't think this is critical either way, but the question is being asked of the petitioner, and so "anyone else" would exclude the petitioner and the answer would be no.  They will definitely know the petitioner has filed a petition for this beneficiary before.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

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48 minutes ago, pushbrk said:

I don't think this is critical either way, but the question is being asked of the petitioner, and so "anyone else" would exclude the petitioner and the answer would be no.  They will definitely know the petitioner has filed a petition for this beneficiary before.

Good point...

"read literally, answer truthfully" -> literally, it does say "anybody else". I misread it to say just "anybody". I stand corrected.

 

But yeah, the answer isn't going to impact the result.


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

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: 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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20 hours ago, pushbrk said:

I don't think this is critical either way, but the question is being asked of the petitioner, and so "anyone else" would exclude the petitioner and the answer would be no.  They will definitely know the petitioner has filed a petition for this beneficiary before.

THANK YOU SO MUCH .MAKE SENSE.

I KNOW AM BOTHERING  YOU A LOT .PART 4 QUESTION 53: WAS THE BENEFICIARY  EVER IN IMMIGRATION PROCEEDING ? YES/NO 

54 : REMOVAL /EXCLUSION /RESCISSION/OTHER JUDICIAL  PROCEEDING ?

CITY/DATE ?( SHOULD I PUT THE CENTER THAT PROCESSED THE I129F OR THE CONSULATE WHERE THE INTERVIEW TOOK PLACE ?

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1 hour ago, tonyjackson said:

THANK YOU SO MUCH .MAKE SENSE.

I KNOW AM BOTHERING  YOU A LOT .PART 4 QUESTION 53: WAS THE BENEFICIARY  EVER IN IMMIGRATION PROCEEDING ? YES/NO 

54 : REMOVAL /EXCLUSION /RESCISSION/OTHER JUDICIAL  PROCEEDING ?

CITY/DATE ?( SHOULD I PUT THE CENTER THAT PROCESSED THE I129F OR THE CONSULATE WHERE THE INTERVIEW TOOK PLACE ?

Proceedings means basically has she ever gone to court for immigration reasons before a judge or immigration court, for example if they had been to court for removal proceedings (aka being deported). Her i129 being processed is not a court or judicial process, so no, unless she has been in court for deportation before

Edited by LilyJohansen

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On 2/8/2019 at 1:33 AM, tonyjackson said:

she got interviewed but the visa never issued

Why not issued?   Has that been resolved?

 

What country?

Edited by Paul & Mary

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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52 minutes ago, LilyJohansen said:

Proceedings means basically has she ever gone to court for immigration reasons before a judge or immigration court, for example if they had been to court for removal proceedings (aka being deported). Her i129 being processed is not a court or judicial process, so no, unless she has been in court for deportation before

THANK YOU NOW I UNDERSTAND THE QUESTION .

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1 hour ago, Paul & Mary said:

Why not issued?   Has that been resolved?

 

What country?

no never issued as you may know the administrative processing it takes long time (some people more than 9 months ) and my fiancee parents changed their mind and wanted us to get married abroad instead in usa .(

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That's ok.  Get married there.  Just expect AP to still happen.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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1 hour ago, tonyjackson said:

THANK YOU NOW I UNDERSTAND THE QUESTION .

Please stop typing in ALL CAPS.  It is considered shouting but more importantly, it is more difficult to read.  The key to understanding these questions is to read them carefully, then interpret them literally, followed by answering accurately.  Apply that principle and you process will go more smoothly.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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19 hours ago, pushbrk said:

Please stop typing in ALL CAPS.  It is considered shouting but more importantly, it is more difficult to read.  The key to understanding these questions is to read them carefully, then interpret them literally, followed by answering accurately.  Apply that principle and you process will go more smoothly.

I appreciate you sir .

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