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Posted

I'm filling out the DS-260 for my current immigrant visa case based on the approved I-130.
Previously, a different U.S. citizen filed a K-1 fiancé visa petition (Form I-129F) for me. It was approved by USCIS, sent to NVC, but I never submitted the DS-160, and the case eventually expired due to inaction.
The DS-260 asks: "Has anyone ever filed an immigrant visa petition on your behalf?" (or similar wording about immigrant petitions).
Since the K-1 involved Form I-129F (a nonimmigrant petition), not an I-130 or other immigrant petition, I believe the answer is "Yes" only for the current I-130, and I do not need to disclose the prior K-1 as a previous "immigrant visa petition." On DS 260.
However, there are other sections on prior U.S. visa applications, petitions, or immigration history where the K-1 might need to be mentioned.
Note : on current I 130 for question Has anyone else ever filed a petition for the beneficiary .i answer yes to that question because the wording was not asking about non immigration or immigration but on DS 260 question wording is way different (Has anyone ever filed an immigration visa petition on your behalf)now I am confused on this question 
Thank you for your guidance.
Best regards,

Filed: Other Country: China
Timeline
Posted

I would answer yes and explain "I-129f approved but did not apply for the K1 visa".  Let them decide if it is relevant or not.  It will not be a negative in any way.  The already know this from the answer to the I-130 question.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

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Filed: Other Country: China
Timeline
Posted
32 minutes ago, Pinki1234567 said:

Thanks ,but just for the sake of argument:if I had said No .would that be considered misrepresentation?

No, but even though it is technically NOT an immigrant visa, a K1 visa interview is conducted by a Consular Officer assigned to the "Immigrant Visa Unit".

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

 
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