FORM I-130 - RESULTS OF PRIOR PETITIONS

[JohnAnna 1]

Hi guys,

 

I am a bit confused with the question regarding results of prior petitions. 

 

My friend filed a petition to sponsor his spouse in 2018. The case was approved by USCIS and transferred to NVC. But, it got refused after his spouse attended the interview and submitted supplemental documentation. 

 

Now, he would like to file a new petition, but we are unsure how he should answer the question about his prior case's resut. It was approved by USCIS, but got denied after the interview.

 

All advices and suggestion are appreciated.

 

Thanks a lot

[milimelo 4,744]

You'll want to provide more information. If your friend is petitioning the same person as before - spouse. 

 

Has the petition been returned to the USCIS for revocation and has USCIS been in touch with the petitioner? May want to first check on that petition before sending in a new one. 

 

WHY was the visa refused and what happened at the interview? What's the consulate they've dealt with? How long have they known each other? Is the petitioner a naturalized citizen and if so how did he get his green card?

[Dashinka 25,898]

I agree, we need more information here.  Refused does not generally mean denied or rejected.  When was the interview?  

[JohnAnna 1]

Thanks for your replies,

 

His spouse attended an interview at the end of 2019. After the interview, she was requested to provide additional evidence. Then, their case was put under administrative processing. They have not heard anything regarding their case since then. Now, he wants to file another petition to sponsor his spouse. The beneficiary is the same person. My friend is a U.S. citizen at birth.

 

While filing Form I-130, he got confused with the part asking about his prior petition’s result because there are only 03 options, approved, denied, or withdrawn.

[milimelo 4,744]

1 hour ago, JohnAnna said:

Thanks for your replies,

 

His spouse attended an interview at the end of 2019. After the interview, she was requested to provide additional evidence. Then, their case was put under administrative processing. They have not heard anything regarding their case since then. Now, he wants to file another petition to sponsor his spouse. The beneficiary is the same person. My friend is a U.S. citizen at birth.

 

While filing Form I-130, he got confused with the part asking about his prior petition’s result because there are only 03 options, approved, denied, or withdrawn.

Again, what country? 

 

Was additional requested evidence provided to the embassy? Were they in touch with the embassy on this? What's the current status on the CEAC? 

 

It would be foolish to start a new petition when you don't have resolution of the current one. Please have your friend join this forum and provide information himself. 3rd party account never convey all the answers needed to provide advice.

[Dashinka 25,898]

I agree with @milimelo, your friend needs to understand what happened to the first petition before filing a second one.  Although 2+ years of "administrative processing" is excessive, I can see it happening in some countries.

[JohnAnna 1]

Sorry, my bad

 

I should have made it more detailed.

 

My friend filed a petition to sponsored his spouse, who is Vietnamese. She attended an interview in Vietnam at the end of 2019. In the interview, she was requested to provide additional evidence. After submitting additional evidence, their case was put under administrative processing. They haven't heard anything regarding their case since then, probably due to the pandemic.

 

As he cannot want to wait any longer, he wants to file another petition now. I just want to ask if the result in the question is the approval from USCIS before their case was transferred to NVC, or is it the final result after the administrative processing ends?

 

[Mike E 11,754]

1 minute ago, JohnAnna said:

 As he cannot want to wait any longer, he wants to file another petition now. I just want to ask if the result in the question is the approval from USCIS before their case was transferred to NVC, or is it the final result after the administrative processing ends?

 

He already has an approved I-130. He doesn’t need another. 
 

Filing another I-130 will just waste money. Some immigration visa applications can sit in AP for years. With the backlog created by pandemic, adding to it, even of USCIS approved a new I-130, would just add to the backlog.  

 

She should ask the embassy what the status is of her case.  
 

What was the RFE?
 

 

[Redro 4,624]

8 minutes ago, JohnAnna said:

Sorry, my bad

 

I should have made it more detailed.

 

My friend filed a petition to sponsored his spouse, who is Vietnamese. She attended an interview in Vietnam at the end of 2019. In the interview, she was requested to provide additional evidence. After submitting additional evidence, their case was put under administrative processing. They haven't heard anything regarding their case since then, probably due to the pandemic.

 

As he cannot want to wait any longer, he wants to file another petition now. I just want to ask if the result in the question is the approval from USCIS before their case was transferred to NVC, or is it the final result after the administrative processing ends?

 

Was the additional evidence the DS5535? 

Was she asked to provide 15 years of travel history. Phone numbers... information about her family? 

https://tr.usembassy.gov/wp-content/uploads/sites/91/DS-5535-Supplemental-Questions-For-Visa-Applicants.pdf

 

Edited March 3, 2022 by Kor2USA

[arken 4,199]

What everyone is saying is don't expect any new results by filing a new petition when the existing petition for the same beneficiary is stuck at the embassy. If you want to file, file it. Mention the exact thing that, approved at uscis, AP at embassy.

 

For watever reason it is stuck at the embassy, it will get stuck again and you will simply be wasting the petition fee, DS260 fee and such.

[Dashinka 25,898]

6 minutes ago, JohnAnna said:

Sorry, my bad

 

I should have made it more detailed.

 

My friend filed a petition to sponsored his spouse, who is Vietnamese. She attended an interview in Vietnam at the end of 2019. In the interview, she was requested to provide additional evidence. After submitting additional evidence, their case was put under administrative processing. They haven't heard anything regarding their case since then, probably due to the pandemic.

 

As he cannot want to wait any longer, he wants to file another petition now. I just want to ask if the result in the question is the approval from USCIS before their case was transferred to NVC, or is it the final result after the administrative processing ends?

 

Tell your friend to try and find out the status of the first application as until he knows this, he cannot answer the question on a new I130 since he has no idea if the first application was approved, denied or withdrawn.  He can go here and check. 

 

https://ceac.state.gov/CEACStatTracker/Status.aspx?App=NIV

[pushbrk 13,632]

Clearly, the reason the friend doesn't know how to answer the question, is that he doesn't know the answer, doesn't know the truth.  Filing a new petition is not the solution at this time.  Determining the status of the 2019 petition is the step to take now.

[SalishSea 18,467]

10 hours ago, JohnAnna said:

Thanks for your replies,

 

His spouse attended an interview at the end of 2019. After the interview, she was requested to provide additional evidence. Then, their case was put under administrative processing. They have not heard anything regarding their case since then. Now, he wants to file another petition to sponsor his spouse. The beneficiary is the same person. My friend is a U.S. citizen at birth.

 

While filing Form I-130, he got confused with the part asking about his prior petition’s result because there are only 03 options, approved, denied, or withdrawn.

Your friend should come to VJ himself.   The stakes are too high to be relaying convoluted, third-hand information.

[SalishSea 18,467]

9 hours ago, JohnAnna said:

Sorry, my bad

 

I should have made it more detailed.

 

My friend filed a petition to sponsored his spouse, who is Vietnamese. She attended an interview in Vietnam at the end of 2019. In the interview, she was requested to provide additional evidence. After submitting additional evidence, their case was put under administrative processing. They haven't heard anything regarding their case since then, probably due to the pandemic.

 

As he cannot want to wait any longer, he wants to file another petition now. I just want to ask if the result in the question is the approval from USCIS before their case was transferred to NVC, or is it the final result after the administrative processing ends?

 

The reason for the denial will not magically disappear with a new petition…..

[JohnAnna 1]

Thank you all for your answering,

 

It's true that there are no appropriate answers, among the three options, for this question at the moment. We will check his prior case's status before filing a new one.