I-130

[thsmuan 4]

Hi,

     Can somebody help me out.

I withdrawn my I 130 petition because of long delay.Now I would like to re-file it.But I don't know how to answer the question "Has anyone else ever filed a petition for the beneficiary?" on Part 4,No 10.Yes or No.

What is the question really mean?Is it has "anyone else (other than me) " or "has anyone else (including me)"?Any help is appreciated.

Edited March 31, 2021 by thsmuan

[aaron2020 11,651]

If it's the same beneficiary, then the answer is yes.  Yes, you filed an I-130 for this beneficiary before.  Afterwards, you withdrew the I-130.  Withdrawing does not change the fact that you filed the I-130.

[thsmuan 4]

There are two questions regarding about this issue.One is on part 5,No1,"Have you EVER previously field a petition for this beneficiary or any other alien?In my case this is definitely "YES".

But I'm not sure about the question on Part 4,No 10,"Has anyone else ever field a petition for the beneficiary? 

Is it meant,"Has anyone else (other than me or someone else) ever been filed for the beneficiary?", or

"Has anyone else (including me, anybody) every been filed for the beneficiary?"?

Edited March 31, 2021 by thsmuan

[Villanelle 4,122]

21 minutes ago, thsmuan said:

There are two questions regarding about this issue.One is on part 5,No1,"Have you EVER previously field a petition for this beneficiary or any other alien?In my case this is definitely "YES".

But I'm not sure about the question on Part 4,No 10,"Has anyone else ever field a petition for the beneficiary? 

Is it meant,"Has anyone else (other than me or someone else) ever been filed for the beneficiary?", or

"Has anyone else (including me, anybody) every been filed for the beneficiary?"?

I think you are thinking too hard and confusing yourself...

 

Definition of anyone else : any other person --- so that means any other person, ie; not you, they ask about you in part 5 #1. Here they are asking has anyone else (a person other then you, could be anyone just not you) so has anyone else ever filed a petition? You can answer yes, no, or unknown, but it does warn you to only select 'unknown' if you truly dont know, nor does the beneficiary know for sure if a petition was ever filed for them or not. (That scenario is possible if someone filed for them as a child so maybe they were unaware of it) 

 

 

[thsmuan 4]

Thank you for your reply.Look at aaron2020 reply.He said it is a "yes".I'm really confuse.

[Villanelle 4,122]

You edited the original question. I believe @aaron2020 would agree that the answer to 5 #1"have you ever filed" is yes (because in the original post you edited out that part making his response seem inaccurate). And the second half of your question4 #10 "has anyone else ever filed" is asking if anyone else (other than you) ever filed? I dont know what the answer is because you never gave us that info. You were simply asking what the phrase anyone else ever meant..

 

Why did you edit the first half of your question out? It makes aarons response awkward as he is answering something that is no longer posted. 

[thsmuan 4]

@Villanelle ,I edited just to correct some spelling issue, the subject was not change.And I added a few details in my reply to you.That's all.I appreciate everyone who trying to help me.And I think I agree with you in answering "no" to the question of "Has anyone else every been filed a petition for the beneficiary",because no one else every been filed except me.Thank You for help me out.

[PJWhitby 17]

Just to confirm, you are the petitioner in this case, right? (ie, you’re not the beneficiary asking on behalf of your petitioner)? In any event, Part 5.1 is asking if the petitioner submitting the I-130 has ever filed for this specific beneficiary (the non-US intended immigrant) before. As you say, in your case it sounds like this would be ‘yes’. Part 5.5 would then be ‘withdrawn’.

 

Part 4.10 is asking if anyone else (I.e. anyone other than the petitioner in the I-130 you’re currently completing) has submitted an I-130 for this same, specific beneficiary. They are two different questions and, assuming the only I-130 ever filed in respect of your specific named beneficiary is the one that was withdrawn (per your original email) then the answer would be ‘no’.

 

Everything people have said above is correct, and consistent with this approach. You just need to be careful to understand who ‘you’ refers to at each stage of the questions on the I-130 and, especially, in the I-130A.

Edited April 7, 2021 by PJWhitby