I-130 question: Have you ever before filed...?

[impecunious 0]

Hi,

I'm filling out an I-130 for my new wife, and question D.2 asks if you've ever filed a petition for another alien and, if so, asks for the name, date & place, and result. In August 2000, I married an Irish alien in Ireland, and then a couple days after our wedding we went to the U.S. consulate in Dublin. We filled out some paperwork there, she had some passport-style photos taken, and she was then allowed to come with me into the US, get her social security card, and begin working. In the summer of 2002, we went to a field office in Dallas, Texas, where we had an interview. In the end, we got divorced in 2010.

I say all this to say that I don't know WHAT we filed in Dublin with the consulate, or WHAT we filed in Dallas about 20 months later. I have none of the paperwork or her resident card, and I won't be successful in getting any details that my ex-wife might have from her.

Can I answer this question with something like stating my ex-wife's name, and that in August 2000 we filed a petition with the US consulate in Dublin to enter the US, and it was approved? Or if I need to specify forms, can anyone make an educated guess from these series of events what we likely did in Dublin? I'm just trying to answer this question the best way possible with what information I already know.

Thanks in advance.

[pushbrk 12,405]

Hi,

I'm filling out an I-130 for my new wife, and question D.2 asks if you've ever filed a petition for another alien and, if so, asks for the name, date & place, and result. In August 2000, I married an Irish alien in Ireland, and then a couple days after our wedding we went to the U.S. consulate in Dublin. We filled out some paperwork there, she had some passport-style photos taken, and she was then allowed to come with me into the US, get her social security card, and begin working. In the summer of 2002, we went to a field office in Dallas, Texas, where we had an interview. In the end, we got divorced in 2010.

I say all this to say that I don't know WHAT we filed in Dublin with the consulate, or WHAT we filed in Dallas about 20 months later. I have none of the paperwork or her resident card, and I won't be successful in getting any details that my ex-wife might have from her.

Can I answer this question with something like stating my ex-wife's name, and that in August 2000 we filed a petition with the US consulate in Dublin to enter the US, and it was approved? Or if I need to specify forms, can anyone make an educated guess from these series of events what we likely did in Dublin? I'm just trying to answer this question the best way possible with what information I already know.

Thanks in advance.

You filed an I-130 in Dublin for Full Name Here in August, 2000. The result was permanent resident status granted 2002, divorced 2010.

[Darnell 8,478]

I'd shift a bit, on that date...

You filed an I-130 and IV in Dublin for Full Name Here in August, 2000. The result was a CR-1 visa, conditional resident status in 2000, permanent resident status granted 2002, divorced 2010.

[impecunious 0]

Thanks for the answers, guys. The fact that they're both similar is reassuring.

I'd shift a bit, on that date...

You filed an I-130 and IV...

I'm not sure I understand the distinction you're making here, Darnell. You're thinking that I also filed an "IV"? What is that?

[pushbrk 12,405]

I'd shift a bit, on that date...

You filed an I-130 and IV in Dublin for Full Name Here in August, 2000. The result was a CR-1 visa, conditional resident status in 2000, permanent resident status granted 2002, divorced 2010.

I didn't say it that way because that's incorrect. If they filed DCF in Dublin in 2000, they wouldn't have had status adjustment interview in 2002. The question is about the petition, not a visa, so answering in terms of USCIS action is most appropriate. Dept. of State actions are not the issue.

[Darnell 8,478]

ya, yer wife filed for IV, an Immigrant Visa (that's the DS-230 on her plus your I-864) .. The I-130 just isn't 'it', there's more...

An approved I-130 petition allows for a beneficiary to apply for an Immigrant Visa ..

[Darnell 8,478]

I didn't say it that way because that's incorrect. If they filed DCF in Dublin in 2000, they wouldn't have had status adjustment interview in 2002. The question is about the petition, not a visa, so answering in terms of USCIS action is most appropriate. Dept. of State actions are not the issue.

ya, the permanent card in 2002? there's a conditional card issued prior, aye? with a 2 year span...

You read that interview in 2002 as 'adjustment of status', and I read it as 'removal of conditions'.

[pushbrk 12,405]

ya, the permanent card in 2002? there's a conditional card issued prior, aye? with a 2 year span...

You read that interview in 2002 as 'adjustment of status', and I read it as 'removal of conditions'.

You COULD be right but I read it as "written". Either way USCIS is concerned with their own actions, not visas. I told the OP the correct way to answer the question on the I-130, not the way to have a full fledged discussion of what he did.There's only so much space to answer the question, so they aren't looking for a book.

Edited March 2, 2013 by pushbrk

[impecunious 0]

If I'm all clear here on what you each have proposed (and thank you again), the difference is that one is suggesting I also mention the "IV". Am I safe enough NOT mentioning this to get the point across? On the flip side, will I arouse any scrutiny if I DO mention it?

The fact that there's a bit of a debate on this after all scares me a bit.

[pushbrk 12,405]

If I'm all clear here on what you each have proposed (and thank you again), the difference is that one is suggesting I also mention the "IV". Am I safe enough NOT mentioning this to get the point across? On the flip side, will I arouse any scrutiny if I DO mention it?

The fact that there's a bit of a debate on this after all scares me a bit.

You should be fine either way. Why not just see how much will fit?

[impecunious 0]

You should be fine either way. Why not just see how much will fit?

Well, because I'll be filling this in using the PDF and the field is too small to accept all of either answer. So I'm going to end up adding this in my supporting page either way, which means I can write about as much as I want. So I figure I might as well write as much as needs to be said.

[pushbrk 12,405]

Well, because I'll be filling this in using the PDF and the field is too small to accept all of either answer. So I'm going to end up adding this in my supporting page either way, which means I can write about as much as I want. So I figure I might as well write as much as needs to be said.

This will ft. My gift to you. I-130, spouse, Dublin for Full Name Here in August, 2000. LPR, 2002 Divorced 2010

[Darnell 8,478]

LPR 2000..... not 2002...

[pushbrk 12,405]

LPR 2000..... not 2002...

Ugg. The Conditional LPR was 2000. Full APR was 2002. If there was LPR, they don't care about whether there was ever CLPR in the history. It's irrelevant in this context. If the OP knows if and when his former spouse became a US Citizen, you just indicate that in place of LPR. If you filed an I-130 and the person is a citizen, what happened in between is assumed and irrelevant to the question. USCIS can see their own file. If you knew nothing but the name and year of filing, they'll look up everything else they need. Please don't overcomplicate this issue. It's pretty simple stuff.

Edited March 3, 2013 by pushbrk

[Darnell 8,478]

push, prior to the 9/11 stuff -

an IV could be granted same day to same week in Dublin, when handing over a DS-230 and an I-864.

That's the tricky bit for ya - as the ex became a LPR the second she transited through the POE with that CR-1 visa. CRs and PRs are LPRs regardless.

I'm sure the gift is getting better, though. ...

Edited March 3, 2013 by Darnell