I130

[stuart 12 0]

Question 16 : I have previously applied for resident alien status, but did not complete the process due to divorce, which, if any boxes do I check?

[Kez/JWolf 6]

yes..... you have applied before...

Kezzie

[stuart 12 0]

yes..... you have applied before...

Kezzie

yes..... you have applied before...

Kezzie

thanks Kezzie, but what about the other boxes, ie exclusion or recission and do you know what recission means?

[Yodrak 7]

stuart,

I don't think that your situation is what they mean by "under immigration proceedings". Based on the little you have written about your situation I can't see how any of the 3 choices other than "recission"(sic) apply.

Recision means cancellation in normal usage, and you did cancel your previous process. But you, not the government, cancelled - yes? I suspect that the question is asking if the government had made a decision granting you an immigrant benefit and then rescinded that decision.

In any event, if you don't want to spend a few dollars consulting with an immigration attorney on this point, I would be inclined to answer 'yes' to this question and attach a written explanation so that the USCIS case worker can understand the situation and determine the correct answer themself.

Yodrak

Question 16 : I have previously applied for resident alien status, but did not complete the process due to divorce, which, if any boxes do I check?

[stuart 12 0]

stuart,

I don't think that your situation is what they mean by "under immigration proceedings". Based on the little you have written about your situation I can't see how any of the 3 choices other than "recission"(sic) apply.

Recision means cancellation in normal usage, and you did cancel your previous process. But you, not the government, cancelled - yes? I suspect that the question is asking if the government had made a decision granting you an immigrant benefit and then rescinded that decision.

In any event, if you don't want to spend a few dollars consulting with an immigration attorney on this point, I would be inclined to answer 'yes' to this question and attach a written explanation so that the USCIS case worker can understand the situation and determine the correct answer themself.

Yodrak

Question 16 : I have previously applied for resident alien status, but did not complete the process due to divorce, which, if any boxes do I check?

Thanks Yodrak, it was me who cancelled and not the government. Will they have record of this? My divorce date is on the biographical, so is a written explanation necesary? Will it cause a major delay if I only check "yes".

[Yodrak 7]

stuart,

It may very well result in an RFE for the rest of the information.

If you're not sure what to check, I suggest that you discuss the situation with an immigration attorney. In fact, I suggest that you do that anyway to explore that details of your past and present situation for hidden dangers.

Yodrak

... Will it cause a major delay if I only check "yes".