K-1 & Green Card

[MWrinkles 0]

So I would like to know if this will be a problem. Both my parents are Green Card holders because they got it through my older sister who was born in the US. They applied for green cards for both my younger brother and I are as we're unmarried. This was three years ago.

Living in London, I met and fell in love with my American boyfriend now fiancé, who has now returned to the US after two years in London (we dated the entire time) and now we're going through the K-1 process and are near the last hurdles (received NOA2, it's at NVC for over a week).

In the packet 3 questions, they've asked if I've applied for a immigrant visa before and then to say by whom. I will be ticking Yes and my mother applied on my behalf.

Firstly, am I ok to be in this situation? What shall I do? Shall I just inform the NVC for the green card to cancel my application (it's like an 8 year process and we're only in year 3) or should I continue with K-1 visa and once I have it, cancel the green card application. Very confused and a little scared 'cause I don't want to jeopardize my K-1 chances after all the time and money spent.

As a background I'm Canadian but always lived abroad, have parents who both a green card, a sister that's American (born there). Any light into this unusual situation would be much appreciated.

Many thanks in advance for your input or if you can point me to where to find this or who can help, that would be wonderful.

[pushbrk 12,882]

So I would like to know if this will be a problem. Both my parents are Green Card holders because they got it through my older sister who was born in the US. They applied for green cards for both my younger brother and I are as we're unmarried. This was three years ago.

Living in London, I met and fell in love with my American boyfriend now fiancé, who has now returned to the US after two years in London (we dated the entire time) and now we're going through the K-1 process and are near the last hurdles (received NOA2, it's at NVC for over a week).

In the packet 3 questions, they've asked if I've applied for a immigrant visa before and then to say by whom. I will be ticking Yes and my mother applied on my behalf.

Firstly, am I ok to be in this situation? What shall I do? Shall I just inform the NVC for the green card to cancel my application (it's like an 8 year process and we're only in year 3) or should I continue with K-1 visa and once I have it, cancel the green card application. Very confused and a little scared 'cause I don't want to jeopardize my K-1 chances after all the time and money spent.

As a background I'm Canadian but always lived abroad, have parents who both a green card, a sister that's American (born there). Any light into this unusual situation would be much appreciated.

Many thanks in advance for your input or if you can point me to where to find this or who can help, that would be wonderful.

Please be more accurate in your terminology. You have not applied for an immigrant visa but somebody has filed a petition in your behalf, which when approved would allow you to apply for an immigrant visa. So what is the exact question you are seeing about this, not your interpretation of it?

If only a petition has been filed, that's not a problem. Just answer the question. If you've actually applied for a visa, then I would simply go ahead and get the immigrant visa connected with the petition that has been filed. I suspect you haven't yet applied for a visa. Petition and application are not interchangeable terms.

[MWrinkles 0]

Please be more accurate in your terminology. You have not applied for an immigrant visa but somebody has filed a petition in your behalf, which when approved would allow you to apply for an immigrant visa. So what is the exact question you are seeing about this, not your interpretation of it?

If only a petition has been filed, that's not a problem. Just answer the question. If you've actually applied for a visa, then I would simply go ahead and get the immigrant visa connected with the petition that has been filed. I suspect you haven't yet applied for a visa. Petition and application are not interchangeable terms.

Thanks- you can see how jumbled up both processes are for me. My mom filed a petition F2B (Unmarried Sons and Daughters of Permanent Residents) and I have case number that begins with LND. So, guess that answers my question that there isn't a problem because the petition has only been filed and still pending?

Thank you in advance for clarifying. Very much appreciated!

[payxibka 10,045]

An LND case file number indicates that the petition has been approved and you are simply waiting for your priority date to come due. How much longer do you have to wait when looking at the monthly visa bulletin?

I am moving this thread as it is not simply a K-1 visa process topic

[MWrinkles 0]

An LND case file number indicates that the petition has been approved and you are simply waiting for your priority date to come due. How much longer do you have to wait when looking at the monthly visa bulletin?

I am moving this thread as it is not simply a K-1 visa process topic

If I'm reading the monthly visa bulletin currently, I've got at least 9 more years 'til it's approved. Is that right? My Priority Date is July 2008. And if I'm reading the bulletin correctly, it's still on Dec 1999 for F2B.

[payxibka 10,045]

If I'm reading the monthly visa bulletin currently, I've got at least 9 more years 'til it's approved. Is that right? My Priority Date is July 2008. And if I'm reading the bulletin correctly, it's still on Dec 1999 for F2B.

For LND the priority date for F2B is APR03. Four years better but still a possible five year wait.... K-1 would be much faster

[MWrinkles 0]

For LND the priority date for F2B is APR03. Four years better but still a possible five year wait.... K-1 would be much faster

Thanks! Glad I'm on the K-1 track. So should I get this linked in with my K-1 or is it not necessary?

[pushbrk 12,882]

Thanks! Glad I'm on the K-1 track. So should I get this linked in with my K-1 or is it not necessary?

Not linked in, no but you must answer questions on forms accurately. If you'll provide the wording of the actual form question, I can tell how to answer the question on the form. What was filed was not an F2. That would be the resulting visa category for you after an I-130 was filed. The current status of the I-130 is approved, awaiting current priority date.

[MWrinkles 0]

Not linked in, no but you must answer questions on forms accurately. If you'll provide the wording of the actual form question, I can tell how to answer the question on the form. What was filed was not an F2. That would be the resulting visa category for you after an I-130 was filed. The current status of the I-130 is approved, awaiting current priority date.

Ok, thanks. In the DS-156K, the question asks: Has anyone ever filed a immigrant visa on your behalf?

YES, NO, IF YES, WHO?

How should I respond? Is what my mother applied for me considered an immigrant visa? Thanks in advance for your assistance- greatly appreciated!

[VanessaTony 3,567]

Ok, thanks. In the DS-156K, the question asks: Has anyone ever filed a immigrant visa on your behalf?

YES, NO, IF YES, WHO?

How should I respond? Is what my mother applied for me considered an immigrant visa? Thanks in advance for your assistance- greatly appreciated!

No. You haven't got to the visa stage. Your mother has PETITIONED the US government for permission for YOU to apply for a visa. The petition has been approved but you have yet to apply for a visa because you are waiting for your priority date to become current. So no, unless you've been contacted about applying for the Visa, and submitted paperwork to the US embassy your country to apply for the visa (which you stated has not happened yet)... then the answer is no.

[pushbrk 12,882]

No. You haven't got to the visa stage. Your mother has PETITIONED the US government for permission for YOU to apply for a visa. The petition has been approved but you have yet to apply for a visa because you are waiting for your priority date to become current. So no, unless you've been contacted about applying for the Visa, and submitted paperwork to the US embassy your country to apply for the visa (which you stated has not happened yet)... then the answer is no.

Sorry Vanessa but you errantly trusted the OP to properly quote the question. The real question would include the word "petition" after the words "immigrant visa" and if it doesn't, it is intended to. As such the answer, is yes, my mother.

Now, the old DS156K I have saved, has no such question so i would ask the OP again to correctly quote the question from the form she's looking at.

The DS 156 asks, about "immigrant visa petition". Are you sure you're not reading from the DS156?

[VanessaTony 3,567]

Sorry Vanessa but you errantly trusted the OP to properly quote the question. The real question would include the word "petition" after the words "immigrant visa" and if it doesn't, it is intended to. As such the answer, is yes, my mother.

Now, the old DS156K I have saved, has no such question so i would ask the OP again to correctly quote the question from the form she's looking at.

The DS 156 asks, about "immigrant visa petition". Are you sure you're not reading from the DS156?

You're correct. I should have checked the actual form. So here's the DS-156: https://evisaforms.state.gov/ds156.asp and here's the DS-156K: http://www.state.gov/documents/organization/82063.pdf

So it's not the 156K. The 156 at Qn 30 says: "Have You Ever Been Issued a U.S. Visa?" and 36 says: " 36. Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" in which case answer to 36 is yes.

**Edit - so OP, in this case you had the form number, and question quoted wrong. Makes a BIG difference so i'm sorry I should have checked. Had you written no you could have gotten into trouble.

Edited March 15, 2011 by Vanessa&Tony

[MWrinkles 0]

You're correct. I should have checked the actual form. So here's the DS-156: https://evisaforms.state.gov/ds156.asp and here's the DS-156K: http://www.state.gov/documents/organization/82063.pdf

So it's not the 156K. The 156 at Qn 30 says: "Have You Ever Been Issued a U.S. Visa?" and 36 says: " 36. Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" in which case answer to 36 is yes.

**Edit - so OP, in this case you had the form number, and question quoted wrong. Makes a BIG difference so i'm sorry I should have checked. Had you written no you could have gotten into trouble.

Thanks both for clarifying. I will answer 'YES' and write 'MY MOTHER'. My concern was only that they wouldn't issue me the K-1 because of my green card process through my mom.

[pushbrk 12,882]

Thanks both for clarifying. I will answer 'YES' and write 'MY MOTHER'. My concern was only that they wouldn't issue me the K-1 because of my green card process through my mom.

Well, now you understand. However, your CONCERN should NOW be with accuracy and attention to detail. Reading carefully, interpreting literally and answering accurately are critical to your ultimate success.

Edited March 15, 2011 by pushbrk