mistake on I129-F, omitted previous I-130 petition

[momonster 0]

Hi Folks,

So I am panicking because, apparently, I misunderstood question 11 on my current I129-F to mean 'Have you ever applied for THIS in the past to mean have you applied for another K1/K3 for' for another person.

I had in a previous marriage applied for only the I130 and Adjustment of status, since my ex-husband was already in the country on another work visa.

Honest mistake on a rather vague question I think, but I should have investigated more.

It's almost time to receive the NOA2, but they haven't touched my case yet

But now I don't know if there is anything I can do before the review the thing: such as calling in a correction at the USCIS call center or what?

Any insights on what action should be taken, whether this will elicit an RFE or even worse?

[Ready to do it 101]

I'm interested in the responses. I did the same thing... I.e. I checked "yes" thinking they meant have I ever been the petitioner to a beneficiary receiving a visa. In the 1990's I filled out I-130 for my current spouse at the time who was already in the U.S. The question wasn't specific, but from reading other threads here it looks like the question is intending to ask if I've ever been a petitioner of a K1 or K3 visa to which the answer would be "No."

I have not informed them of this error I made by checking "Yes." I did provide a copy of her Permanent Resident card etc, so they should figure it out. I kind of expect an RFE asking for an explanation, but I just sent my application in about 1.5 months ago, so I figure I'll give it 4 or 5 more months or so before I start to wonder.

I guess we could contact them and let them know of this error... basically because their question isn't very specific.

We're in the same boat, so I'll be interested in the responses.

[Ready to do it 101]

nt

Edited June 21, 2011 by Ready to do it

[Ready to do it 101]

bump... any opinions? Inform them or wait till RFE or questioned on it?

nt

[momonster 0]

Since no one responded here, I just wanted to update, that USCIS did not seem to mind this. Recieved NOA-2. I actually tried to call USCIS a couple days before I received NOA-2 asked to correct the mistake somehow, but there was no way to get through. They just said: we will RFE you if need be, which they did not.

Hopefully the embassy will not be upset about this mistake, since it was an honest one. The previous petition will show up on the I-134(past people supported) and I'm afraid they will be alarmed unless they have already pulled up this info up from background checks. I am still debating about writing a formal explanation of my misunderstanding leading to the omission. and providing it up front at the interview, or attached an explanation to the I-134. This way they will not hound my fiance about it or be overly angry. Am I being to worried?

Any opinions on from experienced members.

[elya 17]

I made the same mistake and also received my NOA-2, no questions asked. My fiance even got his visa. Then hell started (see my signature). Three lawyers separately confirmed that they believe this mistake is what has caused all our problems although USCIS and/or embassy never gave us any specifics other than that our petition contained "inaccurate information".

I don't want to be a fear-monger but I would be concerned. We made our problem worse by not noticing that our attorney had also omitted my ex-husband from the I-134 (although I discussed it with him 100 times!!!). They sent the packet so late we were relieved to receive it in time and I just signed it.

I see two options - 1) withdraw the petition and refile it with full information or 2) disclose it at the embassy and hope for the best but be prepared for a denial and possibly starting over. It would surprise me if they could just disregard that - it's a pretty material thing that needs to be considered at the time USCIS adjudicates the petition.

Maybe someone else will come along who has experience trying to correct this at the embassy. Good luck to both of you.

[Ready to do it 101]

hmmm... that kinda sucks. I am not in a huge hurry, but I really don't want to start all over. In my case, my ex-wife won't be on the I-134 (I don't think) as the only thing I ever signed when I petitioned for her to get her permanent residency was an I-134 that lasted like 2 or 3 years I believe in the late 1990s. I never signed an I-864 for my ex-wife as it didn't exist until the late 90's or early 2000. My ex-wife did not get her 10 year green card until the year 2000 and I don't have any such paperwork showing an I-864. I wonder if there is a way to do an Infopass and ask for my file on my ex-wife's stuff from the 1990's.

When you say "disclose it at the embassy," do you mean at my fiance's interview. What is there to disclose? That I really haven't ever petitioned for a K-type visa and I checked yes simply because I thought have I ever been the petitioner for any kind of visa before. Why would they even care? It was 15 years ago in my case and I don't see how it has anything to do with this. Actually, it should benefit me as the answer is really, "No" I have never been the petitioner of a K-type visa, I checked yes because I misunderstood the question. Not sure how that is going to hurt us.

I made the same mistake and also received my NOA-2, no questions asked. My fiance even got his visa. Then hell started (see my signature). Three lawyers separately confirmed that they believe this mistake is what has caused all our problems although USCIS and/or embassy never gave us any specifics other than that our petition contained "inaccurate information".

I don't want to be a fear-monger but I would be concerned. We made our problem worse by not noticing that our attorney had also omitted my ex-husband from the I-134 (although I discussed it with him 100 times!!!). They sent the packet so late we were relieved to receive it in time and I just signed it.

I see two options - 1) withdraw the petition and refile it with full information or 2) disclose it at the embassy and hope for the best but be prepared for a denial and possibly starting over. It would surprise me if they could just disregard that - it's a pretty material thing that needs to be considered at the time USCIS adjudicates the petition.

Maybe someone else will come along who has experience trying to correct this at the embassy. Good luck to both of you.

[Ready to do it 101]

so was your mistake that you checked "yes" and you should have checked "no?" Or was your mistake that you checked "no" and you should have checked "yes?"

It sounds like your ex-husband is going to be a part of your household in I-134.

It looks like my situation is opposite, I.e. I checked yes and I should have checked "no." I wonder if they will try to include my ex-wife as part of my household since I checked yes... even though she should not be counted anyhow... 1) because I never signed an I-864 and 2) Even if I had, it has been over 10 years. I am kind of disappointed though that I made an error. I hate making errors.

Since no one responded here, I just wanted to update, that USCIS did not seem to mind this. Recieved NOA-2. I actually tried to call USCIS a couple days before I received NOA-2 asked to correct the mistake somehow, but there was no way to get through. They just said: we will RFE you if need be, which they did not.

Hopefully the embassy will not be upset about this mistake, since it was an honest one. The previous petition will show up on the I-134(past people supported) and I'm afraid they will be alarmed unless they have already pulled up this info up from background checks. I am still debating about writing a formal explanation of my misunderstanding leading to the omission. and providing it up front at the interview, or attached an explanation to the I-134. This way they will not hound my fiance about it or be overly angry. Am I being to worried?

Any opinions on from experienced members.

[elya 17]

Hi Ready to do it, sounds like you actually did the right thing (I just re-read your post) and it was momonster and me who made the same mistake.

I checked "no" when I should have checked "yes"

It is asking for ANY previous foreign spouse you have sponsored. Not just K-1/-3. at least that's what 3 lawyers told me after I asked again.

Edited June 27, 2011 by elya

[momonster 0]

Elya's case seems like a nightmare. But I would hate to revoke at this point.

Perhaps Ready to do it, I think your mistake is not so serious, since you overstated not understated.

I checked no, since I thought the question referred to K visas. In way too late hindsight, I found out I was supposed to put yes. I called USCIS immediately to clarify what this question means. They would not tell me which interpretation one is correct. And they would not allow me to add any new information. I would have gladly added this information in an RFE.

I have nothing to hide and want to be honest!

Now the question is:

Can I correct the info somehow while its sitting at the NVC?

How can I get this info into the case before the interview?

And if worse case, there is no way to correct it before the interview, how can we present the facts so they can see that it was an just a problem with misinterpretation and that everything else is truthful and real.

[Ready to do it 101]

Now I am really confused. I did check "yes," but later I read here that I should have checked "No," b/c it was not a K-type visa.

Facts of mine... I married an illegal immigrant here in the US. She had been in the US 10+ years when we married 1996. I petitioned for her permanent residency in the end of 1996 or early 1997. In 2000 she got her 10 year green card, so there was no K-type visa. I was told that I should have checked "No" to that question.

Why do you feel like you should have checked "yes" if it was not a k-type visa? Because the attorneys have told you that? I have read on here and people have answered me that I should have checked "No." I guess they could be wrong.

It actually doesn't seem like it should be a big deal in any of our cases. After all, in both of your cases shouldn't they just include an extra person in your households when doing the I-134, assuming the answer to mark "yes" was the correct way to do it?

[elya 17]

maybe best thing to do is to pay a couple hundred bucks to a GOOD immigration lawyer for a consultation - just to be on the safe side. To be honest I don't feel like an expert in this I feel totally lost, but when I saw your thread I felt like I had to share what happened to me because I made the same mistake. Only worse because of the affidavit of support - at least you will not make that mistake too.

Just a side note that in my experience calling USCIS is useless. They will never interpret the question on the form for you, just read the same instructions back to you.

[Ready to do it 101]

Yes, I think these are important questions that hopefully someone can chime in on. I wonder if I can send in a statement since I haven't gotten NOA2. Heck they probably haven't even looked at my 200+ page packet yet.

Now the question is:

Can I correct the info somehow while its sitting at the NVC?

How can I get this info into the case before the interview?

And if worse case, there is no way to correct it before the interview, how can we present the facts so they can see that it was an just a problem with misinterpretation and that everything else is truthful and real.

[elya 17]

Ready to do it, I think you were supposed to check yes. Because I read it here (in some threads, but it is mixed), and because I was told so by the lawyers. I don't trust lawyers much after this but since I got the same response from 3 (my original one plus 2 paid consultations) I think they were right. My original lawyer even admitted it was their mistake that they missed this (based on the info I gave them) and refiled for free including paying the filing fee. Not that that makes up for what we've lost...

Previous spouses are not considered only for purposes of household size but also for completeness of background check, for ability to investigate whether or not you might be a "serial importer" of foreigner spouses, IMBRA limitations etc. The 3 lawyers all said that it was a matter that USCIS takes very seriously. Of course two of them were trying to get me to hire them so you can take it with a grain of salt if you want to.

Edited June 27, 2011 by elya

[Ready to do it 101]

I appreciate the info elya. I can't even imagine how furious I would be if I were in your shoes. Looking at your timeline, that is just brutal. I feel for you and hope you get some good news soon.

Ready to do it, I think you were supposed to check yes. Because I read it here (in some threads, but it is mixed), and because I was told so by the lawyers. I don't trust lawyers much after this but since I got the same response from 3 (my original one plus 2 paid consultations) I think they were right. My original lawyer even admitted it was their mistake that they missed this (based on the info I gave them) and refiled for free including paying the filing fee. Not that that makes up for what we've lost...

Previous spouses are not considered only for purposes of household size but also for completeness of background check, for ability to investigate whether or not you might be a "serial importer" of foreigner spouses, IMBRA limitations etc. The 3 lawyers all said that it was a matter that USCIS takes very seriously. Of course two of them were trying to get me to hire them so you can take it with a grain of salt if you want to.