Previously denied Fiancé visa, Now applying for Spouse visa. I-130 Question 16.

[Ando. 0]

My wife is a US citizen, I am Australian. When we were engaged we applied for the Fiancé visa K-1 but were denied purely due to our misunderstanding of the paperwork (wish we knew of this website at the time), we filed incorrectly. Now we are married and are filing for IR-1/CR-1 visa.

In filling out the I-130 form, question 16 asks "Has your relative ever been under immigration proceedings? No, Yes, Where, When. Removal, Exclusion/Deportation, Rescission, Judicial Proceedings." Does simply filing and being denied count as "immigration proceedings"? If so, what check boxes do I mark here?

Side question while I'm here: If we are both living in Australia currently (as opposed to her in the US and me in Aus) do we need to do anything differently than suggested in the guide?

Thanks.

[Eric-Pris 1,606]

No, denied is not immigration proceeding. Proceedings are in court, in front of an immigration judge, usually, but not always, limited to deportation hearings.

[Ando. 0]

No, denied is not immigration proceeding. Proceedings are in court, in front of an immigration judge, usually, but not always, limited to deportation hearings.

Ok great. Thanks for the reply.

I've also just found question D-2 "Have you ever before filed for this, or any other alien? If yes give name, date, place of filing and result." So my answer would be 'Yes' followed by my name (or the name of the visa?) the date that we filed, Sydney Australia (or the USCIS office?) and "Denied" (do I expand on that?)

Edited January 23, 2014 by sd.anderson

[NigeriaorBust 4,087]

You filed at USCIS and denied for ( imcomplete form ? )

[razspaz13 30]

g'day

I don't think you would have filed at Sydney as they don't have dcf..........

cheers