I-130 Questions

[jpkeswim 0]

Hello everyone...we are now going through this process again and have a few question is anyone can help. The first time we went through on a I129f but now we are married and filing a I-130 can anyone help!

Section A no16. Has your relative ever been under immigration proceedings?

We filed the K1 last year and eventually got denied in March. Should this answer be yes? He was turned around at the airport in Chicago and that is when we started filing all the paperwork.

Section D. no 2 Have you ever before filed a petition for this or any other relative? I know this is a yes, because we filed the I129f last year. Do I put the servicing center we applied at and do I put the result as denied since we finally got denied when we filed the 601 waiver? Or do put approved since we got approved the waiver?

Please help!

[Yodrak 7]

jpkeswim,

A.16 - I don't think that the action at the POE, whatever it was, would be considered 'immigration procedings', but a more detailed description of what took place than "turned around" would be useful.

D.2 - The 601 waiver was part of the I-129f processing?

Yodrak

Hello everyone...we are now going through this process again and have a few question is anyone can help. The first time we went through on a I129f but now we are married and filing a I-130 can anyone help!

Section A no16. Has your relative ever been under immigration proceedings?

We filed the K1 last year and eventually got denied in March. Should this answer be yes? He was turned around at the airport in Chicago and that is when we started filing all the paperwork.

Section D. no 2 Have you ever before filed a petition for this or any other relative? I know this is a yes, because we filed the I129f last year. Do I put the servicing center we applied at and do I put the result as denied since we finally got denied when we filed the 601 waiver? Or do put approved since we got approved the waiver?

Please help!

[jpkeswim 0]

Yodrak

I mean my husband has never been under proceedings...but he was denied entry at the POE...so I guess that is completely different...right?

Okay for so I would put yes for D2 then right? and we filed at NSC is that where I put filed at?

I am sorry for these dumb question but I want to make sure I am right.

THanks

jpkeswim,

A.16 - I don't think that the action at the POE, whatever it was, would be considered 'immigration procedings', but a more detailed description of what took place than "turned around" would be useful.

D.2 - The 601 waiver was part of the I-129f processing?

Yodrak

Hello everyone...we are now going through this process again and have a few question is anyone can help. The first time we went through on a I129f but now we are married and filing a I-130 can anyone help!

Section A no16. Has your relative ever been under immigration proceedings?

We filed the K1 last year and eventually got denied in March. Should this answer be yes? He was turned around at the airport in Chicago and that is when we started filing all the paperwork.

Section D. no 2 Have you ever before filed a petition for this or any other relative? I know this is a yes, because we filed the I129f last year. Do I put the servicing center we applied at and do I put the result as denied since we finally got denied when we filed the 601 waiver? Or do put approved since we got approved the waiver?

Please help!

[Yodrak 7]

jpkeswim,

If your husband was simply denied entry then that was not an immigration proceeding.

Don't know what to say about D.2 - you haven't answered my question. (Although answering my question does not guarantee that I can answer yours, and I'm beginning to suspect that I can't.)

Yodrak

Yodrak

I mean my husband has never been under proceedings...but he was denied entry at the POE...so I guess that is completely different...right?

Okay for so I would put yes for D2 then right? and we filed at NSC is that where I put filed at?

I am sorry for these dumb question but I want to make sure I am right.

THanks

jpkeswim,

A.16 - I don't think that the action at the POE, whatever it was, would be considered 'immigration procedings', but a more detailed description of what took place than "turned around" would be useful.

D.2 - The 601 waiver was part of the I-129f processing?

Yodrak

Hello everyone...we are now going through this process again and have a few question is anyone can help. The first time we went through on a I129f but now we are married and filing a I-130 can anyone help!

Section A no16. Has your relative ever been under immigration proceedings?

We filed the K1 last year and eventually got denied in March. Should this answer be yes? He was turned around at the airport in Chicago and that is when we started filing all the paperwork.

Section D. no 2 Have you ever before filed a petition for this or any other relative? I know this is a yes, because we filed the I129f last year. Do I put the servicing center we applied at and do I put the result as denied since we finally got denied when we filed the 601 waiver? Or do put approved since we got approved the waiver?

Please help!

[meauxna 15]

I have one though... I saw you post that you intend to file in London?

Are you prepared for them to not accept your I-130 and instruct you to file it in the US?

[jpkeswim 0]

Yodrak

We had to file a waiver at our interview...So I assume yes that was part of the I129f....

Meauxna

We are filing at London because I currently also live in the UK.....I don't understand what you mean they wouldn't accept our I130 in London...what does that mean....on the instructions it says that if you both live outside the US to find the correct filing and to file there...I believe that is what I am doing....help if not

I have one though... I saw you post that you intend to file in London?

Are you prepared for them to not accept your I-130 and instruct you to file it in the US?

[meauxna 15]

Yodrak

We had to file a waiver at our interview...So I assume yes that was part of the I129f....

Meauxna

We are filing at London because I currently also live in the UK.....I don't understand what you mean they wouldn't accept our I130 in London...what does that mean....on the instructions it says that if you both live outside the US to find the correct filing and to file there...I believe that is what I am doing....help if not

I have one though... I saw you post that you intend to file in London?

Are you prepared for them to not accept your I-130 and instruct you to file it in the US?

The London USCIS office typically requires that the USC be genuinely resident in the UK before allowing you to file there. This is often expressed by posession of an ILR stamp in your passport or if you've lived there for the better part of a couple of years. The rules are not hard and fast, but you shouild expect to have your petition returned and be prepared to file in the US. You will not be charged the fee if they do not accept your petition.

They may also accept your petition, but you should be prepared if they follow past guidelines/actions and do not accept it.

[Yodrak 7]

jpkeswim,

OK, I think we're getting somewhere now. "our interview" was the visa interview at the consulate? So the chain of events went something like this:

- the I-129f was approved,

- the approved I-129f was sent to the consulate,

- your husband (then fiance) applied for a K1 visa,

- the K1 visa application was denied for a waivable reason,

- a waiver request was submitted,

- the waiver request was ... approved or denied (not sure which), and then

- the visa was .... approved or denied (not sure if it got this far), and then

- your husband was denied entry.

Is this correct?

So no, the waiver was not associated with the I-129f, the waiver appears to have been associated with the visa application. The I-129f was approved is your answer to D.2.

Unless there's something else that I haven't yet been able to drag out of you.

Yodrak

Yodrak

We had to file a waiver at our interview...So I assume yes that was part of the I129f....

Edited August 11, 2006 by Yodrak

[jpkeswim 0]

yodrak

yes you got it....we were approved for the waiver but we were denied a waiver then!!! It was very heart breaking... I had the wedding all planned in the states and everything. Ended up getting married here in England in July...beautiful day and I moved here in May. I just recently received my Resident visa over here.

Okay when it comes with where to apply...what should I do. I only just got my Resident Permit on August 1st but it is good for 2 years. Should I apply in London or should I just call the Embassy and ask them???

Thanks for all your input...its been great help!

quote name='Yodrak' date='Aug 11 2006, 02:53 PM' post='373072']

jpkeswim,

OK, I think we're getting somewhere now. "our interview" was the visa interview at the consulate? So the chain of events went something like this:

- the I-129f was approved,

- the approved I-129f was sent to the consulate,

- your husband (then fiance) applied for a K1 visa,

- the K1 visa application was denied for a waivable reason,

- a waiver request was submitted,

- the waiver request was ... approved or denied (not sure which), and then

- the visa was .... approved or denied (not sure if it got this far), and then

- your husband was denied entry.

Is this correct?

So no, the waiver was not associated with the I-129f, the waiver appears to have been associated with the visa application. The I-129f was approved is your answer to D.2.

Unless there's something else that I haven't yet been able to drag out of you.

Yodrak

Yodrak

We had to file a waiver at our interview...So I assume yes that was part of the I129f....

[meauxna 15]

They may also accept your petition, but you should be prepared if they follow past guidelines/actions and do not accept it.

hi Karen,

In reply to your PM (I prefer to answer immigration Qs on the group), the info you found about filing in London sounds correct (student visa...or a leave to remain visa should file at last residence in the US. Otherwise file at the London office.) but you should also look it up on the London USCIS page---for the UK it's not an actual "DCF" but a local filing with the USCIS Field Office.

Bit of a moot point. I think calling will get you nothing but a 'no', but sending your I-130 + fee to them *might* get you something---I would not pin my hopes on it, TBH.

I think this will significantly change your plans for the coming year, so think a bit before taking any action.

You also should really clear up this business about the waiver; just getting married does not overcome the need for the waiver, which you say was approved and denied (which does not add up). If you've had a waiver denied, you'll have to deal with the underlying issue eventually. If you are planning on being in the UK for a few years to overcome a ban, a DCF *now* wouldn't be of any use to you.

Maybe you've posted this all before, but I can't really tell anything from what is posted here, sorry.