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darth vader

I-130 question: Has anyone else ever filed for this beneficiary?

By darth vader in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

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darth vader Proficient

darth vader   133

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted (edited)

I talked to a tier two officer today who claimed to have first hand petition adjudicating experience. He told me that "anyone else" means including you, the petitioner. They want to know about all previous petitions filed for the beneficiary.

 

Is this accurate? Please let us know if you have any other conclusive answer on this from other credible sources.

Edited by darth vader
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LilyJ Proficient

LilyJ   1,258

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Filed: IR-1/CR-1 Visa Country: Denmark
 Timeline
Posted

“Has anyone else filed for this beneficiary?” No “Have you previously filed for this beneficiary or any other alien?” Yes (if I remember correctly that you’ve filed for your spouse previously). If “anyone else” also meant yourself why would they bother asking twice? If no one but you has filed for your spouse before then the first question is no. Take the I130 questions literally. If it doesn’t say “anyone else or you” then it only means “anyone else”

Our CR1 Journey:

 

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arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted (edited)

Tier 2 officer is correct, you are also included in that “anyone else”. But why is there a confusion? Just check Yes or No or Unknown based on the truth.

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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darth vader Proficient

darth vader   133

Posted
Filed: IR-1/CR-1 Visa Timeline
  • Author
Posted (edited)
55 minutes ago, LilyJ said:

“Has anyone else filed for this beneficiary?” No “Have you previously filed for this beneficiary or any other alien?” Yes (if I remember correctly that you’ve filed for your spouse previously). If “anyone else” also meant yourself why would they bother asking twice? If no one but you has filed for your spouse before then the first question is no. Take the I130 questions literally. If it doesn’t say “anyone else or you” then it only means “anyone else”

I agree with you. However this person is an USCIS adjudicator, and apparently they are not reading the question LITERALLY. Wouldn't you say a "safer" way to answer this is to say "yes" and just explain that it was you who petitioned before? We did that last time around and it worked fine.

 

Also, on a separate note, is beneficiary required to sign the extra sheets/addendum to I-130A if they are not in the U.S. I know they are not required to sign the form but I was wondering if they are required to sign the addendum?

 

Would petitioner need to sign the I-130A addendum?

 

Edited by darth vader
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darth vader Proficient

darth vader   133

Posted
Filed: IR-1/CR-1 Visa Timeline
  • Author
Posted
31 minutes ago, arken said:

Tier 2 officer is correct, you are also included in that “anyone else”. But why is there a confusion? Just check Yes or No or Unknown based on the truth.

You need to understand the question in order to answer it truthfully. Currently there seems to be a gap in LITERAL interpretation of the question versus how USCIS may be interpreting it.

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arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted

in case of any confusion, including everyone whoever have filed a petition covers the question.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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