I-130, question # 16.

[Str8upG 0]

Hi, I'm gonna file I-130 for my wife (I'm the USC) and I had a question about question # 16 (Has your relative ever been under immigration proceedings?). She recently had a K-1 fiancee visa interview and the Consulate denied her due to a misdemeanor overseas long ago. Therefore she was found inadmissible. Does that fall under immigration proceedings? She was told she has to be married to me before she can file a waiver. She's never been to the US before, never had any immigration court hearings or anything like that. Any help would be greatly appreciated.

[payxibka 10,045]

Hi, I'm gonna file I-130 for my wife (I'm the USC) and I had a question about question # 16 (Has your relative ever been under immigration proceedings?). She recently had a K-1 fiancee visa interview and the Consulate denied her due to a misdemeanor overseas long ago. Therefore she was found inadmissible. Does that fall under immigration proceedings? She was told she has to be married to me before she can file a waiver. She's never been to the US before, never had any immigration court hearings or anything like that. Any help would be greatly appreciated.

She is now your wife? When did you get married?

[Str8upG 0]

Hi, I'm gonna file I-130 for my wife (I'm the USC) and I had a question about question # 16 (Has your relative ever been under immigration proceedings?). She recently had a K-1 fiancee visa interview and the Consulate denied her due to a misdemeanor overseas long ago. Therefore she was found inadmissible. Does that fall under immigration proceedings? She was told she has to be married to me before she can file a waiver. She's never been to the US before, never had any immigration court hearings or anything like that. Any help would be greatly appreciated.

She is now your wife? When did you get married?

We got married 2 weeks ago. I just came back to the US and want to file I-130, cause the consular officer told her she has to be married to file for a waiver. My question is, should I put yes on question # 16?

[payxibka 10,045]

Hi, I'm gonna file I-130 for my wife (I'm the USC) and I had a question about question # 16 (Has your relative ever been under immigration proceedings?). She recently had a K-1 fiancee visa interview and the Consulate denied her due to a misdemeanor overseas long ago. Therefore she was found inadmissible. Does that fall under immigration proceedings? She was told she has to be married to me before she can file a waiver. She's never been to the US before, never had any immigration court hearings or anything like that. Any help would be greatly appreciated.

She is now your wife? When did you get married?

We got married 2 weeks ago. I just came back to the US and want to file I-130, cause the consular officer told her she has to be married to file for a waiver. My question is, should I put yes on question # 16?

Before her K-1 interview? because according to your timeline it would appear so... that in and of itself would be problematic as well

Edited November 10, 2008 by payxibka

[Str8upG 0]

Hi, I'm gonna file I-130 for my wife (I'm the USC) and I had a question about question # 16 (Has your relative ever been under immigration proceedings?). She recently had a K-1 fiancee visa interview and the Consulate denied her due to a misdemeanor overseas long ago. Therefore she was found inadmissible. Does that fall under immigration proceedings? She was told she has to be married to me before she can file a waiver. She's never been to the US before, never had any immigration court hearings or anything like that. Any help would be greatly appreciated.

She is now your wife? When did you get married?

We got married 2 weeks ago. I just came back to the US and want to file I-130, cause the consular officer told her she has to be married to file for a waiver. My question is, should I put yes on question # 16?

Before her K-1 interview? because according to your timeline it would appear so... that in and of itself would be problematic as well

Well no, the timeline is wrong. Sorry about that, I gotta update it.

[payxibka 10,045]

A further read of the I-130 would indicate that immigration processdings are Removal, Exclusion/Deportation, Recission and Judicial Proceedings... Being simply refused a previous visa would not fit any of those categories.

[Str8upG 0]

So again, my question is, does a previous visa denial at the consulate because of a ground inadmissibility make you go to immgration proceedings? I'm worried that USCIS will not approve my I-130.

Oh OK, thanks for the reply. Well doesn't this fall under exclusion, since she was found inadmissible?

[payxibka 10,045]

So again, my question is, does a previous visa denial at the consulate because of a ground inadmissibility make you go to immgration proceedings? I'm worried that USCIS will not approve my I-130.

Oh OK, thanks for the reply. Well doesn't this fall under exclusion, since she was found inadmissible?

As I read it, the immigration proceedings comes from "inside" the USA not a issue of inadmissability determined at the consular level

Edited November 10, 2008 by payxibka

[Str8upG 0]

Ok Playxiba, I guess that makes sense, I just don't wanna have any misrepresentation accusations later on, or I just think I'm a little paranoid. Thanks a lot for your help.

[Shpat_Argjira 0]

People get charged for misdemeanors in Albania?

rare.

[frali 2]

Isn't K1 still considered as immigration proceedings? I would have thought so...