question about I-130, q. #13C

[AmandaLane102 3]

Hello all,

Question 13C of I-130 asks "has your relative ever been in the U.S.?"

At the time I will file (end of September), the answer will be "no," however we are planning a trip to the States in December for which he is awaiting a tourist visa (which we want to secure before I send out the petition). Should my answer to this question remain "no" even if at the time of review a tourist visa for him may be on file?

[silverjetplane 34]

Answer all questions honestly as of the moment you complete it. The answer here would be NO.

If you get a tourist visa (or any other type for that matter), you can submit an updated application and new cover letter to USCIS to explain.

[mrskvelasco 30]

I would put 'no.'

[grad_student 11]

As far as I have heard from people, including a lawyer who has handled several immigration cases, chances of getting a tourist visa are minimal if they know that i-130 for that person has also been filed. I would put 'No' for sure.

[Ryan H 3,810]

If you get a tourist visa (or any other type for that matter), you can submit an updated application and new cover letter to USCIS to explain.

To very problematic items with the above:

• Submitting a new I-130 just to update that section is completely and wholly unnecessary. Doing so would only cause problems that would not have otherwise existed.
• The I-130 is a petition form, not an application form.

[silverjetplane 34]

To very problematic items with the above:

• Submitting a new I-130 just to update that section is completely and wholly unnecessary. Doing so would only cause problems that would not have otherwise existed.
• The I-130 is a petition form, not an application form.

Thanks, Ryan H. Would you suggest that the petitioner still select NO and just forget about the tourist visa (if approved)?

This was the only thing I could think of that wouldn't constitute lying but would cover all bases if someone eventually linked the two.

[Ryan H 3,810]

Whatever the circumstances are on the date the petition is filed is how it should be answered. Having a US Citizen spouse (regardless if a petition has been filed or not) drastically reduces the chance of any tourist visa being granted.

[AmandaLane102 3]

As far as I have heard from people, including a lawyer who has handled several immigration cases, chances of getting a tourist visa are minimal if they know that i-130 for that person has also been filed. I would put 'No' for sure.

I am not filing the I-130 until after we secure a tourist visa for this very reason - we already have tickets to the States purchased for a visit, so I don't want to risk that. I will keep the answer as "no" once I file before December, and fingers crossed for the tourist visa. We are domiciled here with work contracts and rent contracts, etc. as well as a return ticket so I am really hoping they do not deny us as that would be a nightmare.

If everything goes as planned and they do grant the tourist visa, then I file the I-130 will the officers at the airport know that an I-130 is filed and will he have problems with the officers Stateside for this reason????

Edited September 11, 2014 by AmandaLane102