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Austin96

RE DS160- B1/B2 VISA

By Austin96 in Tourist Visas

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Austin96 Apprentice

Austin96   15

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Filed: K-1 Visa Country: United Kingdom
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Posted

QUESTION:

 

My fiancé has already filed the I-129 petition for alien fiancé. However, I have submitted my DS160  for a B1/B2 Tourist visa after the petition was filed.

Here is my question with regards to DS160... HAS ANYONE EVER FILED AN IMMIGRANT PETITION ON YOUR BEHALF WITH THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES.... MY ANSWER WAS NO.

 

Further down the DS160 form, one has to answer the following question- DO YOU HAVE ANY IMMEDIATE RELATIVES, NOT INCLUDING PARENTS IN THE U.S.? - USCIS identifies fiancé as immediate relative, therefore, my answer to the question was YES.

 

Do I need to amend my answer with regards to the question  HAS ANYONE EVER FILED AN IMMIGRANT PETITION......to YES in my DS160 form before the interview..

 

Any response would be appreciated.

 

Thanks

 

 

Crazy Cat Grand Master

Crazy Cat   41,981

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Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted

Why did you answer "No" to the question " HAS ANYONE EVER FILED AN IMMIGRANT PETITION ON YOUR BEHALF WITH THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES"?  

 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
30 minutes ago, Lucky Cat said:

Why did you answer "No" to the question " HAS ANYONE EVER FILED AN IMMIGRANT PETITION ON YOUR BEHALF WITH THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES"?  

 

Because an i129f is NOT an immigrant petition 

YMMV

Boiler Grand Master

Boiler   45,664

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

why are you applying for a B when you show the UK, are you not eligible for the VWP?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Crazy Cat Grand Master

Crazy Cat   41,981

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
33 minutes ago, payxibka said:

Because an i129f is NOT an immigrant petition 

Technically, maybe....but...either answer would have been OK, I think.

Edited by Lucky Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Crazy Cat Grand Master

Crazy Cat   41,981

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
1 minute ago, payxibka said:

Not technically but literally.   

OK..

Edited by Lucky Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Austin96 Apprentice

Austin96   15

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
  • Author
Posted
2 hours ago, Boiler said:

why are you applying for a B when you show the UK, are you not eligible for the VWP?

Because of a CIMT due to an incident some 20 years ago. I have had a non-immigrant waiver under section 212(d)(3)(A), for the last 5 years which expired in Dec20.  This was second waiver approval.

I am fully aware that at my interview K1 will be denied, and will have to apply I-601. This is likely to take some time. In the meantime, if I have the B1/B2 visa waiver, at the very least I will have to option to travel whilst my I-601 is pending.

 

Can you address my original question ........

Austin96 Apprentice

Austin96   15

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
  • Author
Posted
2 hours ago, payxibka said:

Because an i129f is NOT an immigrant petition 

yet according to the DS160, your fiancé is determined to be an immediate relative...so whilst I appreciate that I-129F is not an immigrant petition, on the basis that your fiancé is an immediate relative, should the answer be YES to my question! 

Boiler Grand Master

Boiler   45,664

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

I have seen the I 129f referred to as a petition on USCIS web site so I would say yea.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted (edited)
4 minutes ago, Austin96 said:

yet according to the DS160, your fiancé is determined to be an immediate relative...so whilst I appreciate that I-129F is not an immigrant petition, on the basis that your fiancé is an immediate relative, should the answer be YES to my question! 

Doesn't matter.   An i129f is still a nonimmigrant petition. 

 

You are trying to draw a correlation between the two questions when none exists.   Read carefully and interpret literally. 

 

Edited by payxibka

YMMV

Boiler Grand Master

Boiler   45,664

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted (edited)

My reasoning is that they know anyway, well you will be asked about it and I do not want to argue the technicalities if the issue arises. I want them to just process the visa.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Ontarkie Grand Master

Ontarkie   14,280

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

~~Moved to Tourist Visas, from K1 P&P - as the question is about a tourist visa~~

Spoiler

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