Please how to answer the question "Has anyone else ever filed a petition for the beneficiary?" in form I-130

[werkgggg 0]

I am a U.S. Citizen and I am filling I-130 petition for my father.

 

My uncle (my father's brother) is also a U.S. Citizen. He filed I-130 petition for my father 10 years ago. Several years ago, my father received a letter from NVC telling him  "A visa number is unavailable and this petition is not eligible for further processing". Also in the letter there is a NVC case number.

 

For the question "Has anyone else ever filed a petition for the beneficiary?", I am not sure about the answer. I don't know about the case progress at all for about 10 years. Should I answer YES or NO?

 

And if I should answer YES, do I need to explain my uncle's petition in the attachment? Will my uncle's petition affect my sponsoring to my father? Should my uncle withdraw the petition? And if need to withdraw, how to do this?

 

Many thanks in advance! Thank you all!

[VNN 147]

Just answer yes and write an brief explanation on additional page. You know that there was a petition filed for him saying no is probably considered as a lie.

 

My wife was aged out as a derivative very long ago and I just said yes and note about it. My wife also got rejected on several non-immigration visa applications. During her interview, they did not ask about any of these.

 

#1. Your uncle does not need to do anything.  It will not impact your petition for your father.

 

#2. You can write brief explanation.

 

Edited May 18, 2019 by VNN

[werkgggg 0]

13 minutes ago, VNN said:

Just answer yes and write an brief explanation on additional page. You know that there was a petition filed for him saying no is probably considered as a lie.

 

My wife was aged out as a derivative very long ago and I just said yes and note about it. My wife also got rejected on several non-immigration visa applications. During her interview, they did not ask about any of these.

 

#1. Your uncle does not need to do anything.  It will not impact your petition for your father.

 

#2. You can write brief explanation.

 

Thanks VNN! So YES should be the answer and I will write a brief on additional page. Btw, do you think the more than 10 years waiting for my uncle's petition case is a norm? My father is thinking maybe the that case was rejected so there is no update for so long.

[SusieQQQ 11,588]

55 minutes ago, werkgggg said:

Thanks VNN! So YES should be the answer and I will write a brief on additional page. Btw, do you think the more than 10 years waiting for my uncle's petition case is a norm? My father is thinking maybe the that case was rejected so there is no update for so long.

Yes it’s the norm. Sibling visa wait times are 13-20 years depending on country of origin. 

[aleful 1,905]

hi

 

nope, there is nothing wrong with that petition, siblings petitions take 14 years to over 20 years depending on the country, they give out very few visas per year, so that's why it takes a very long time

 

 

[SusieQQQ 11,588]

45 minutes ago, aleful said:

 they give out very few visas per year, so that's why it takes a very long time

 

 

I guess that’s relative. 65000 visas a year for F4. 

[werkgggg 0]

12 hours ago, SusieQQQ said:

Yes it’s the norm. Sibling visa wait times are 13-20 years depending on country of origin. 

Thanks for the info! And this is also fine for my father to have two petitions, is that correct? The immigration lawyer of my company suggested to withdraw my uncle's petition. 

 

However I think that doesn't affect answering YES to the question "Has anyone else ever filed a petition for the beneficiary?". YES means there was a previous petition, no matter what the results are.

 

Thanks!

[SusieQQQ 11,588]

4 minutes ago, werkgggg said:

Thanks for the info! And this is also fine for my father to have two petitions, is that correct? The immigration lawyer of my company suggested to withdraw my uncle's petition. 

 

However I think that doesn't affect answering YES to the question "Has anyone else ever filed a petition for the beneficiary?". YES means there was a previous petition, no matter what the results are.

 

Thanks!

It’s totally fine to have two petitions running parallel (I did). Whichever one gets current first will be actioned, and the other will lapse once the beneficiary has a green card.  There is no benefit to withdrawing the existing petition so I’d just leave it.

 

And yes, the question is just “filed” so yes is the correct answer.

Edited May 18, 2019 by SusieQQQ

[werkgggg 0]

22 hours ago, SusieQQQ said:

It’s totally fine to have two petitions running parallel (I did). Whichever one gets current first will be actioned, and the other will lapse once the beneficiary has a green card.  There is no benefit to withdrawing the existing petition so I’d just leave it.

 

And yes, the question is just “filed” so yes is the correct answer.

 

On 5/18/2019 at 3:12 AM, aleful said:

hi

 

nope, there is nothing wrong with that petition, siblings petitions take 14 years to over 20 years depending on the country, they give out very few visas per year, so that's why it takes a very long time

 

 

 

On 5/17/2019 at 10:15 PM, VNN said:

Just answer yes and write an brief explanation on additional page. You know that there was a petition filed for him saying no is probably considered as a lie.

 

My wife was aged out as a derivative very long ago and I just said yes and note about it. My wife also got rejected on several non-immigration visa applications. During her interview, they did not ask about any of these.

 

#1. Your uncle does not need to do anything.  It will not impact your petition for your father.

 

#2. You can write brief explanation.

 

 

Thanks for all the answers above!

 

I have one more question here for I130, Part4, item53:

Was the beneficiary EVER in immigration proceedings?

 

Should I answer YES or NO? Maybe I would better open a new thread for this question

[VNN 147]

11 minutes ago, werkgggg said:

 

 

 

Thanks for all the answers above!

 

I have one more question here for I130, Part4, item53:

Was the beneficiary EVER in immigration proceedings?

 

Should I answer YES or NO? Maybe I would better open a new thread for this question

NO. They are referred to legal actions from US government regarding illegal stay / illegal entry to US.  

[werkgggg 0]

Hi, I have a further question for form485, Part3, Q1 "Have you ever applied for an immigrant visa to obtain permanent resident status at a U.S. Embassy of U.S. Consulate abroad". My uncle filed I130 petition for my father 10 years ago. Now the case is in NVC. I am current apply green card for my father. Should I answer YES or NO for the 485 question?

 

Thanks a lot!

[werkgggg 0]

Also for I-485, for my father's employment history, if my father retired for more than 5 years, can I just put "Retired" in employment history? Thanks!

[werkgggg 0]

Hi please, can anyone help to answer these two questions