I-130 question

[robertg 0]

Hi list,

I have applied for I-129F before which was sent back, now I am married and I am applying for I-130. I have the following questions:

In I-130 question#16

do I put Yes or No

If Yes then I think I should put Vermont Center, Vermont

and also I am planning to send a withdrawal of K1 visa along with I-130, is there anything else I need to submit along with I-130.

Please let me know.

Thanks in advance

[YuAndDan 153]

What do you mean by I-129F sent back? Was it denied by the consulate or embassy?

You may have to overcome the reason for the K-1 denial.

Lawyers – Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer’s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

“Don’t worry about it. She’s your wife now. The K-1 petition is irrelevant.”

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

http://www.ilw.com/articles/2006,0323-ellis.shtm

[robertg 0]

Consullate has sent the application back to USCIS (request for denial)

Hi list,

I have applied for I-129F before which was sent back, now I am married and I am applying for I-130. I have the following questions:

In I-130 question#16

do I put Yes or No

If Yes then I think I should put Vermont Center, Vermont

and also I am planning to send a withdrawal of K1 visa along with I-130, is there anything else I need to submit along with I-130.

Please let me know.

Thanks in advance

Anyone know the current fee for I-130, does check has to be USCIS certified?

Hi list,

I have applied for I-129F before which was sent back, now I am married and I am applying for I-130. I have the following questions:

In I-130 question#16

do I put Yes or No

If Yes then I think I should put Vermont Center, Vermont

and also I am planning to send a withdrawal of K1 visa along with I-130, is there anything else I need to submit along with I-130.

Please let me know.

Thanks in advance

[YuAndDan 153]

Consullate has sent the application back to USCIS (request for denial)

Anyone know the current fee for I-130, does check has to be USCIS certified?

The fee can be paid by a personal check.

[robertg 0]

Consullate has sent the application back to USCIS (request for denial)

Anyone know the current fee for I-130, does check has to be USCIS certified?

The fee can be paid by a personal check.

Is this the correct address where I-130 can be sent?:

U.S. Department of Homeland Security

U.S. Citizenship and Immigration Services

Vermont Service Center

75 Lower Welden St.

Saint Albans, Vermont 05479

[YuAndDan 153]

Is this the correct address where I-130 can be sent?:

U.S. Department of Homeland Security

U.S. Citizenship and Immigration Services

Vermont Service Center

75 Lower Welden St.

Saint Albans, Vermont 05479

Yes, you live in the area covered by Vermont, so that is where you send it.

Per the I-130 directions:

USCIS

Vermont Service Center

75 Lower Welden Street

St. Albans, VT 05479-0001