i129 f to i130 spouse

[tonyjackson 0]

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.

 

[geowrian 22,335]

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 If so, then the K-1 is no longer valid.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 February 7, 2019 by geowrian

[Celie 793]

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?

[tonyjackson 0]

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 If so, then the K-1 is no longer valid.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.

 

[geowrian 22,335]

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.

[pushbrk 12,105]

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.

[geowrian 22,335]

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.

[tonyjackson 0]

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 ?

[LilyJ 1,258]

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 February 9, 2019 by LilyJohansen

[Just Paul 4,591]

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 February 9, 2019 by Paul & Mary

[tonyjackson 0]

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 .

[tonyjackson 0]

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 .(

[Just Paul 4,591]

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

[pushbrk 12,105]

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.

[tonyjackson 0]

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 .