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Bbjones

Help with I-130

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Filed: Timeline

Hi

I am in the process of filling out the I-130 for a CRI visa for my spouse and was hoping to get some advice. In 2003 my then boyfriend was refused entry but not banned as the immigration officier felt that he had been visiting to often on a holiday visa even though he never overstayed and advised him to apply for a K1 visa to return - we did and 2005 he returned on that visa - however due to family illness we had to leave the US and return to Ireland so never filed for permanent resident - Question 16 on the I-130 asks if the relative has ever been under immigration proceedings and asks if it was removal, exclusion etc - Not sure what to answer as he was refused entry - so is that the same as removal ?.

Some advice would be appreciated.

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I will quote Ryan H on this:

"Immigration proceedings means appearing in immigration court before a judge due to a violation of immigration law. If that does not apply to your spouse, then tick no for that question."

http://www.visajourney.com/forums/topic/525758-i-130-has-your-relative-been-under-immigration-proceedings/

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I doubt he was refused entry. More likely he was given the option to voluntarily withdraw his request to enter the country and return home. That is not the same as refused entry and also isn't an immigration proceeding or removal.

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Filed: Citizen (apr) Country: Ecuador
Timeline

Welcome to the forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Lift. Cond. (apr) Country: China
Timeline

Welcome to the forum.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Filed: Timeline

Another question - I am filing I130 petition for my spouse - We had previously filed for the K1 - 10 years ago and got it but we did not file any further paperwork after he came to the US due to family illness and we had to return to Europe so he was issued an alien registration number back then - should I put that down on the I-130 or will he now have to be issued an new one for this visa. Anyone know ?

Thanks

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