To answer Question 11 “Have you ever filed for this or any other alien fiancé(e) or husband/wife before?”

[andy_k1 0]

To answer Question 11 “Have you ever filed for this or any other alien fiancé(e) or husband/wife before?”

My answer is “No”, because I did not file for anyone under I129F.

But my story is: My wife (we divorce in the early this year) went to USA under F2 to join me (I was a student under F1 visa). Later on I filed for her for Green Card and Naturalization.

For the answer for Q 11, I should say “Yes”? I said "No", I will get another RFE?

Anyone has idea? Please help.

Edited August 3, 2006 by andy_k1

[Mew 0]

To answer Question 11 “Have you ever filed for this or any other alien fiancé(e) or husband/wife before?”

My answer is “No”, because I did not file for anyone under I129F.

But my story is: My wife (we divorce in the early this year) went to USA under F2 to join me (I was a student under F1 visa). Later on I filed for her for Green Card and Naturalization.

For the answer for Q 11, I should say “Yes”?

Anyone has idea? Please help.

I'd say "no". Your ex-wife adjusted status, right? You haven't petitioned to bring her to the U.S. under a K visa.

[andy_k1 0]

Mew:

You are right, I did not file for my ex-wife using K1.

I put "No" there, but today I have another idea that I should put "Yes" there, because I filed for her for immingration. I am confused.

I did not lie to USCIS, my case will be refused?

[Mew 0]

Mew:

You are right, I did not file for my ex-wife using K1.

I put "No" there, but today I have another idea that I should put "Yes" there, because I filed for her for immingration. I am confused.

I did not lie to USCIS, my case will be refused?

Here, from the instructions about I-129f:

This form is used to petition to bring your fiancé(e) and that person's children to the United States for marriage to you or to bring your spouse and that person's children (K-3 and K-4 visas, respectively) to the United States to complete processing for permanent resident status (under the LIFE Act and Amendments of 2000); please see section 12 of the Instructions to the form.

I don't think you did that before.

[andy_k1 0]

Thanks, Mew.

Anyone has comments?

[andy_k1 0]

Any person can help me and give me your understandings regarding question 11 in I129F.

[JenT 0]

I agree with Mew. If you have never filed for a fiance visa, the answer to question 11 is 'no'.

Jen

[pj1959us 0]

Just my interpretation, but Q. 11 isn't asking the question regarding a specific type of visa.

The question "Have you ever filed for this or any other alien fiance(e) or husband/wife before?"

Since you apparently filed for your wife to join you under an F-2 visa previously, you have filed for someone, so I would have answered "yes".

[Mew 0]

Just my interpretation, but Q. 11 isn't asking the question regarding a specific type of visa.

The question "Have you ever filed for this or any other alien fiance(e) or husband/wife before?"

Since you apparently filed for your wife to join you under an F-2 visa previously, you have filed for someone, so I would have answered "yes".

He filed for adjustment status and stuff like that. Not to bring a fiance or a spouse to the U.S... Maybe I'm mistaken.

Anyone else has an opinion?

Edited August 4, 2006 by Mew

[hipcat 0]

I agree with MEW - It seems pretty clear that you should answer "NO" since you have not filed a K1/K3 previously. Your previous wife immigrated here on a Student Visa and then you adjusted status once you were married in US. No problem.

[William33 110]

I agree with no on the form.

The individual was here on a temporary student visa. It appears that you adjusted status only, after marriage.

Is that correct?

Edited August 9, 2006 by William33

[Caroline and Phil 14]

I agree with Mew. I understand they are asking if you have filled any K-1 petition before - and this question is regarding a K-1 Visa. This is my opinion.

[dmartmar 1]

I would've answered "yes." It seems to be asking if anything has been filed before for a fiance and/or spouse.

The OP does say he filed something for his then wife, that being a GC.

The question doesn't seem specific, it seems to be general.

[JenT 0]

I maintain agreement with Mew. I see your point, dmartmar, but the form is asking in the context of the I-129F... bringing someone from overseas into the US. The OP has not done that.

Jen

[desert_fox 32]

The answer would be yes. That question doesni only apply to fiancee visas, but for any immigration benefit that you have applied for a foreign national.

Dont remember where I read that...maybe on the State Dept site.