Ques # 7 on I-130

[Mrs. Palmer 5]

Hey guys. I am the US citizen and will be filing for my husband shortly. Ques # 7 asks for other names used (including maiden name). Can I just put my maiden name, or do I have to type my whole name again? Also Ques #2 on the second page under the "other information page" asks if you have ever filed for a petition before for this or any other alien. My husband and I filed a K-1 several years ago, but it was denied at the time. Do I include this? Thanks!

[YuAndDan 153]

You can write "NONE" for #7 if you have not used any other name legally, that is on documents.

#2 YES I-129F IS a petition for a visa.

Hopefully the denied K-1 wont bite you.

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.â€

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 Edited October 1, 2008 by YuAndDan

[cmnb 0]

Hey guys. I am the US citizen and will be filing for my husband shortly. Ques # 7 asks for other names used (including maiden name). Can I just put my maiden name, or do I have to type my whole name again? Also Ques #2 on the second page under the "other information page" asks if you have ever filed for a petition before for this or any other alien. My husband and I filed a K-1 several years ago, but it was denied at the time. Do I include this? Thanks!

ur husband will not have a maiden name so u can leave that part blank if he hasnt used any other names. but, i strongly strongly strongly recommend reading the example forms on this website. simply click on example forms at the top and make sure u fill out ur forms correctly. i have made stupid mistakes on my I-130 which i could have easily avoided had i read these example forms. i am hoping i dont get a RFE. but now that u r here u shud take a look at the example forms. Good Luck!