I-130, Part 5, Q1: Previous K1 petition

[RedditAndDeddit 3]

My partner and I applied for a K-1 fiance visa and had an interview scheduled in March 2020 which was cancelled due to Covid. We were left in limbo until I (UK citizen, beneficiary) went to meet her (US Citizen, petitioner) in Mexico in July. We came to the US in August with the intention of me visiting and then returning to the UK to wait for our K1 interview. 

 

However, my partner realised that we could get married here and file an I-130 and I-485 concurrently to get me a green card via a spouse visa. 

 

We are filling out the paperwork at the moment and I was hoping for some guidance on Part 5, Q1 of the I-130 form which asks “Have you ever previously filed a petition for this beneficiary or any other alien?”

 

I’m unsure how to answer but I think I should answer no because I believe it is asking specifically whether we have filed an I-130 before. There is no space to say which type of visa we previously applied for which to me suggests the question is about previous immigrant petitions rather than the ‘non-immigrant’ petition we previously submitted for the K1. 

 

Any guidance on this would be much appreciated

[payxibka 10,047]

9 minutes ago, RedditAndDeddit said:

My partner and I applied for a K-1 fiance visa and had an interview scheduled in March 2020 which was cancelled due to Covid. We were left in limbo until I (UK citizen, beneficiary) went to meet her (US Citizen, petitioner) in Mexico in July. We came to the US in August with the intention of me visiting and then returning to the UK to wait for our K1 interview. 

 

However, my partner realised that we could get married here and file an I-130 and I-485 concurrently to get me a green card via a spouse visa. 

 

We are filling out the paperwork at the moment and I was hoping for some guidance on Part 5, Q1 of the I-130 form which asks “Have you ever previously filed a petition for this beneficiary or any other alien?”

 

I’m unsure how to answer but I think I should answer no because I believe it is asking specifically whether we have filed an I-130 before. There is no space to say which type of visa we previously applied for which to me suggests the question is about previous immigrant petitions rather than the ‘non-immigrant’ petition we previously submitted for the K1. 

 

Any guidance on this would be much appreciated

I129f is a petition 

[SteveInBostonI130 3,489]

5 minutes ago, RedditAndDeddit said:

My partner and I applied for a K-1 fiance visa and had an interview scheduled in March 2020 which was cancelled due to Covid. We were left in limbo until I (UK citizen, beneficiary) went to meet her (US Citizen, petitioner) in Mexico in July. We came to the US in August with the intention of me visiting and then returning to the UK to wait for our K1 interview. 

 

However, my partner realised that we could get married here and file an I-130 and I-485 concurrently to get me a green card via a spouse visa. 

 

We are filling out the paperwork at the moment and I was hoping for some guidance on Part 5, Q1 of the I-130 form which asks “Have you ever previously filed a petition for this beneficiary or any other alien?”

 

I’m unsure how to answer but I think I should answer no because I believe it is asking specifically whether we have filed an I-130 before. There is no space to say which type of visa we previously applied for which to me suggests the question is about previous immigrant petitions rather than the ‘non-immigrant’ petition we previously submitted for the K1. 

 

Any guidance on this would be much appreciated

 

First, withdraw your K1 petition.  USCIS will not approve your I-130 while your K1 is active.  They will state that the beneficiary has a pending active petition.

 

Second, the answer is YES.  I-129F is also "a petition".  On Part 5, Item 5, enter "Withdrawn - K1"  Then in Part 9, enter the details of the K1 petition.

1 minute ago, payxibka said:

I129f is a petition 

Jinx

[igoyougoduke 1,676]

12 minutes ago, RedditAndDeddit said:

My partner and I applied for a K-1 fiance visa and had an interview scheduled in March 2020 which was cancelled due to Covid. We were left in limbo until I (UK citizen, beneficiary) went to meet her (US Citizen, petitioner) in Mexico in July. We came to the US in August with the intention of me visiting and then returning to the UK to wait for our K1 interview. 

 

However, my partner realised that we could get married here and file an I-130 and I-485 concurrently to get me a green card via a spouse visa. 

 

We are filling out the paperwork at the moment and I was hoping for some guidance on Part 5, Q1 of the I-130 form which asks “Have you ever previously filed a petition for this beneficiary or any other alien?”

 

I’m unsure how to answer but I think I should answer no because I believe it is asking specifically whether we have filed an I-130 before. There is no space to say which type of visa we previously applied for which to me suggests the question is about previous immigrant petitions rather than the ‘non-immigrant’ petition we previously submitted for the K1. 

 

Any guidance on this would be much appreciated

they are asking if you filed for any immigrant petition in the past  like ex boy friend, ex husband ? As others have said K1 is one of those petitions so you would mention that 

[payxibka 10,047]

3 minutes ago, SteveInBostonI130 said:

 

First, withdraw your K1 petition.  USCIS will not approve your I-130 while your K1 is active.  They will state that the beneficiary has a pending active petition.

 

Second, the answer is YES.  I-129F is also "a petition".  On Part 5, Item 5, enter "Withdrawn - K1"  Then in Part 9, enter the details of the K1 petition.

Jinx

I129f petition.  No such thing as a k1 petition.   Just saying

[RedditAndDeddit 3]

Thanks guys, that does make sense. Do you have any advice on how to go about withdrawing the I129f? I can't find the specifics on the NVC website

[SteveInBostonI130 3,489]

9 minutes ago, RedditAndDeddit said:

Thanks guys, that does make sense. Do you have any advice on how to go about withdrawing the I129f? I can't find the specifics on the NVC website

You need to contact USCIS.  NVC has little to do with K1, other than act as a go-between between USCIS and the designated embassy.

[RPete 73]

20 minutes ago, SteveInBostonI130 said:

You need to contact USCIS.  NVC has little to do with K1, other than act as a go-between between USCIS and the designated embassy.

This is incorrect. If your file is at the USCIS, contact them, if it’s at the NVC, contact them, or if it’s at the embassy, contact them. A signed, written letter with both signatures is sufficient. You also do not legally have to do this, but if you want to tie up loose ends, it’s not a bad idea, especially if you’re far in the process

@RedditAndDeddit

[JeanneAdil 6,719]

32 minutes ago, RedditAndDeddit said:

Thanks guys, that does make sense. Do you have any advice on how to go about withdrawing the I129f? I can't find the specifics on the NVC website

You include a letter with the new application to withdraw the 129 saying we are now married and have decided to do spousal visa

RE:  at letter introduction

CASE # of 129

both names

both DOB's

[SteveInBostonI130 3,489]

13 minutes ago, RPete said:

This is incorrect. If your file is at the USCIS, contact them, if it’s at the NVC, contact them, or if it’s at the embassy, contact them. A signed, written letter with both signatures is sufficient. You also do not legally have to do this, but if you want to tie up loose ends, it’s not a bad idea, especially if you’re far in the process

@RedditAndDeddit

What I have stated, for the OP's case, is correct.

 

For a general situation, what you have stated is correct.

 

But for the OP's specific case, he needs to contact USCIS.

 

Why? 

1) His case is not at NVC (interview was scheduled and then cancelled in March 2020).

2) The embassy has his case, but all they do is return the I-129F petition to USCIS and let it expire there.

 

In order to avoid conflicts and delays, with the OP desiring to file I-130, he should contact USCIS directly.

 

[payxibka 10,047]

Since the petition is in London,  nothing needs to be done other than a courtesy email notifying the consulate that they no longer wish to continue.   

 

There is nothing needed to be done with the USCIS as they have completed processing and the case is closed as far as the USCIS is concerned. 

 

 

[HRQX 4,145]

6 hours ago, SteveInBostonI130 said:

What I have stated, for the OP's case, is correct.

No. What @payxibka stated is correct:

5 hours ago, payxibka said:

Since the petition is in London,  nothing needs to be done other than a courtesy email notifying the consulate that they no longer wish to continue.

 

There is nothing needed to be done with the USCIS as they have completed processing and the case is closed as far as the USCIS is concerned.

 

[SteveInBostonI130 3,489]

The problem comes when answering Part 5, Question 5:. What was the result (of the previous petition)?

 

Approved, Denied, Withdrawn are definitive answers.  Will stating "abandoned" be accepted?  Perhaps.  

[payxibka 10,047]

1 minute ago, SteveInBostonI130 said:

The problem comes when answering Part 5, Question 5:. What was the result (of the previous petition)?

 

Approved, Denied, Withdrawn are definitive answers.  Will stating "abandoned" be accepted?  Perhaps.  

Petition was approved by the USCIS.   What is the issue?

[RedditAndDeddit 3]

Thanks for all your help guys. I just got the following response from the US embassy in London

 

"The petitioner should write to us to confirm that they wish to withdraw the petition. The signed and dated letter should be mailed to Immigrant Visa Unit, Embassy of the United States of America, London, SW11 7US. 

 

You do not need to contact USCIS."