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wazzujoel

i-485 - What is an immigrant visa?

By wazzujoel in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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wazzujoel Explorer

wazzujoel   76

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

In Part 3 it states the following : 

 

"Have you ever applied for an immigrant visa to obtain permanent resident status at a US Embassy" 

 

My partner is Cuban. I applied for i-129f for her in Oct 2021, USCIS accepted that application in Feb 2023, and sent the application to NVC. In Jan 2023 I filed an application for her with Cuban Humanitarian Parole, and that application was approved and we are living together in the US now. This i-129f application was just abandoned, and she never filled out any paperwork with NVC. She is now filing i-485 to get permanent residency via Cuban Adjustment Act. 

 

My question is - Do I answer "yes" or "no" to if she has ever applied for a immigrant visa to obtain permanent residency? I believe the K1 visa is a non-immigrant visa which she never even received, so I would answer "no" based on that. Additionally, since she never filled out any documentation with NVC, she also technically didn't apply for anything. I requested with USCIS a non-immigrant path for her, but that wasn't her request, it was mine. 

 

Note - I am not trying to hide the i-129f, I am really just trying to make sure I am answering the questions correctly. 

Crazy Cat Grand Master

Crazy Cat   41,975

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
7 minutes ago, wazzujoel said:

Do I answer "yes" or "no" to if she has ever applied for a immigrant visa to obtain permanent residency?

The answer is "No" if she has never submitted a DS-260. 

 

 

Note: Even if she had ever submitted a DS-160, the answer would still be "No". 

Edited by Crazy Cat

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randomstairs Community Regular

randomstairs   303

Posted
Filed: Citizen (apr) Timeline
Posted

She hasn't applied for an immigrant visa, so the answer to the question should indeed be NO. I don't think the Cuban Humanitarian Parole counts as an IV. 

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

 
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