Previous petition for my spouse (Merged x3)

[harshika 0]

Before getting married with my wife:

My wife’s father’s brother( USC) filed a petition for 3 people: my wife, my wife’s father and her mother. During this time, my wife was 21 and under As she was unmarried at that time. My wife was born in May 30, 2001. 

After marriage:

On January 23rd 2023, we got married in India. I then filed petition I-130 for my wife on Feb 24th 2023 and is currently under review. On our I-130 application, we didnt mention anywhere that she applied to US visa or anything related. After the approval of I-130, when filing out the DS-260, is there a box we have to answer YES or write anything related to previous petition for my wife? We never withdrew her petition and i am not sure if it will make my case complex. Also, during the interview, if officer asks have you ever applied for US visa, what kind of answers do we provide? Any suggestions is welcomed for this situation on how i should handle it. 

[Family 3,988]

Your wife did not have a prior petition filed for her so you answered correctly.
 

She was a derivative ( now aged out) on her Father’s . She answers NO and does nothing…

[Boiler 45,467]

He could only have petitioned her Father.

[harshika 0]

19 minutes ago, Boiler said:

He could only have petitioned her Father.

yes, thats what i meant. what should we do ?

[powerpuff 6,697]

~~ Duplicate thread in a different forum removed. Please do not start multiple threads asking same or related questions as that’s spamming ~~

[pushbrk 12,876]

17 hours ago, harshika said:

yes, thats what i meant. what should we do ?

Nothing, as no petition was filed for her directly.

[harshika 0]

my wife’s name was included in her parent’s file F4 petition but because my wife had aged out before their petition is approved. But this year, we were married and we have interview in December. If Officer ask her “have you applied to US VISA before” or anything similar questions, does she has to mention it that yes we had filed? do we have to show any documentation?

[Dashinka 24,488]

Doesn't sound like she ever actually applied for a visa.  If the question asks have you ever been petitioned before, that is a little murkier as it seems she was a derivative for a period of time based on the I130 petition for her parents.  Regardless, unless there was another visa she applied for, it does not appear the parents F4 petition impact her.  I would answer no the question, and if the CO queries it, she can explain that she aged out of the F4 derivative category.

 

Good Luck! 

[powerpuff 6,697]

Topic moved from Progress Reports to Process & Procedures.

[harshika 0]

me and my wife got married this year. But before that, her name was added under her father’s F4 visa file. But soon as she turned 21, she “aged out”. Now, my wife has an interview scheduled for spouse category CR1 Visa, and if during the interview, the Officer ask her: “have you applied for US visa anytime?” or similar question, what kind of answer does she give? YES or NO? Will officer ask any documentation or how should we handle this? 

[powerpuff 6,697]

Three threads on the same topic merged. Do not start multiple threads asking same OR related questions as that’s spamming. Moreover, your question was already answered multiple times.

 

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