i-129F QUESTION #11

[wanglaowai]

For question number 11 of the I-129F, I am a little uncertain how to answer this.

 

First some background. My wife and I have been married three and a half years tomorrow. She is still in China and I am back home now. We submitted the I-130 in mid-May and received the notice of receipt not long after. Now we want to submit the I-129F, hoping for a shorter route to reunite ourselves.

 

Question 11 asks "Have you ever filed for this or any other alien fiancee or wife before?"

 

For me this is confusing because I want to know, does this mean 'just THE I-129F", or does it include the I-130 that we have recently submitted?

 

What makes this doubling confusing for me is that I spent 10 years with a fine Japanese woman whom I married in the middle of that 10-year relationship. I met her in the U.S. and spent the whole time with her here. As she was working for a joint U.S.-Japanese venture at that time, she had sponsorship so was in the country legally. What I believe we did was apply for the I-130, Petition for Alien Relative (that was 1995). I have contacted my ex and she, like me, is not sure exactly what we did at that time. We both never expected that our marriage would end and just did what we were told by the INS at that time.

 

I assume that question #11 on the I-129F refers to previous marriages, and not for the filing of the I-130 for one's current spouse. If anybody understands my question, is that how you interpret it?

[Guest pushbrk]

For question number 11 of the I-129F, I am a little uncertain how to answer this.

 

First some background. My wife and I have been married three and a half years tomorrow. She is still in China and I am back home now. We submitted the I-130 in mid-May and received the notice of receipt not long after. Now we want to submit the I-129F, hoping for a shorter route to reunite ourselves.

 

Question 11 asks "Have you ever filed for this or any other alien fiancee or wife before?"

 

For me this is confusing because I want to know, does this mean 'just THE I-129F", or does it include the I-130 that we have recently submitted?

 

What makes this doubling confusing for me is that I spent 10 years with a fine Japanese woman whom I married in the middle of that 10-year relationship. I met her in the U.S. and spent the whole time with her here. As she was working for a joint U.S.-Japanese venture at that time, she had sponsorship so was in the country legally. What I believe we did was apply for the I-130, Petition for Alien Relative (that was 1995). I have contacted my ex and she, like me, is not sure exactly what we did at that time. We both never expected that our marriage would end and just did what we were told by the INS at that time.

 

I assume that question #11 on the I-129F refers to previous marriages, and not for the filing of the I-130 for one's current spouse. If anybody understands my question, is that how you interpret it?

231553[/snapback]

I answered the question YES, I-130 for this Spouse only.

 

This would not be your answer. I think yours needs to be YES with a reference to an attached sheet containing the details something along the lines of YES, I-130 for this spouse DATE and previously for NAME, DATE, RESULT

[wanglaowai]

For question number 11 of the I-129F, I am a little uncertain how to answer this.

 

First some background. My wife and I have been married three and a half years tomorrow. She is still in China and I am back home now. We submitted the I-130 in mid-May and received the notice of receipt not long after. Now we want to submit the I-129F, hoping for a shorter route to reunite ourselves.

 

Question 11 asks "Have you ever filed for this or any other alien fiancee or wife before?"

 

For me this is confusing because I want to know, does this mean 'just THE I-129F", or does it include the I-130 that we have recently submitted?

 

What makes this doubling confusing for me is that I spent 10 years with a fine Japanese woman whom I married in the middle of that 10-year relationship. I met her in the U.S. and spent the whole time with her here. As she was working for a joint U.S.-Japanese venture at that time, she had sponsorship so was in the country legally. What I believe we did was apply for the I-130, Petition for Alien Relative (that was 1995). I have contacted my ex and she, like me, is not sure exactly what we did at that time. We both never expected that our marriage would end and just did what we were told by the INS at that time.

 

I assume that question #11 on the I-129F refers to previous marriages, and not for the filing of the I-130 for one's current spouse. If anybody understands my question, is that how you interpret it?

231553[/snapback]

I answered the question YES, I-130 for this Spouse only.

 

This would not be your answer. I think yours needs to be YES with a reference to an attached sheet containing the details something along the lines of YES, I-130 for this spouse DATE and previously for NAME, DATE, RESULT

231554[/snapback]

pushbrk, thanks for your answer which somewhat confirms what I thought might be necessary.

[Cathy]

My understanding to Q.11 on I-129F would be only to the form of I-129F itself. As in your case, the answer would be NO. If you sponsored your ex for a green card after you married her in America, I guess that would be I-130 as a part of adjustment for her status in the US. So, you havent used I-129F yet, your answer would be NO to Q.11.

[david_dawei]

Here's my thinking about this, now that you mention a previous wife whom you filed a I-130 for (which I assume was for adjustment of status) and you never filed an I-129F for her...

 

- A K3 filing of the I-129F is to bring an alien wife to the US as a nonimmigrant

- IMBRA requires tracking of K# visas (not I-130s petitions).

 

I think that this questions is asking only about if you have previously filed a I-129F for this person (or another person)...

 

You might want to consult with someone to ensure that you don't answer incorrectly and put a 'hit' on your record (for multiple filings of I-129F) by answer YES (for a previous filing) when in fact the answer is NO...

[Guest pushbrk]

My understanding to Q.11 on I-129F would be only to the form of I-129F itself. As in your case, the answer would be NO. If you sponsored your ex for a green card after you married her in America, I guess that would be I-130 as a part of adjustment for her status in the US. So, you havent used I-129F yet, your answer would be NO to Q.11.

231556[/snapback]

While yours is one possible interpretation, question 11 does not mention the I-129F. It asks...

 

"11. Have you ever filed for this or any other alien Fiance(e) ore husband/wife before?

 

If "Yes," give name of alien, place and date of filing and result."

 

I double checked my own form and see that I actually answered "No" and wrote "Only I-130 for this spouse" and was approved with no problem.

 

Under the OP's circumstances there is no possible way that a Yes answer could be construed as a lie but a NO sure could be. When there is any doubt, I tend to go with the truthful answer.

[david_dawei]

My understanding to Q.11 on I-129F would be only to the form of I-129F itself. As in your case, the answer would be NO. If you sponsored your ex for a green card after you married her in America, I guess that would be I-130 as a part of adjustment for her status in the US. So, you havent used I-129F yet, your answer would be NO to Q.11.

231556[/snapback]

While yours is one possible interpretation, question 11 does not mention the I-129F. It asks...

 

"11. Have you ever filed for this or any other alien Fiance(e) ore husband/wife before?

 

If "Yes," give name of alien, place and date of filing and result."

 

I double checked my own form and see that I actually answered "No" and wrote "Only I-130 for this spouse" and was approved with no problem.

 

Under the OP's circumstances there is no possible way that a Yes answer could be construed as a lie but a NO sure could be. When there is any doubt, I tend to go with the truthful answer.

231559[/snapback]

The previous wife was already in the US.. there is no reason for them to have filed a I-129F, which is only meant to bring an alien spouse into the US as an nonimmigrant...

 

Question 11 has historically mean the I-129F.. look at a version of it old enough and spouse never used to be on the form... ergo, I-129F.

 

BTW: The VJ example (I-129F for K3) shows the answer as NO...

 

It is not a matter of truth or lie.. it's a matter of correctness.

 

To me, the correct answer is NO... but I admit that this is just one interpretation... So that is why I recommend they ask someone with more authority and knowlege on the subject

Edited July 17, 2006 by DavidZixuan (see edit history)

[tonado]

The answer should be "NO".

[wanglaowai]

The answer should be "NO".

231578[/snapback]

I think David's reasoning makes sense that Question 11 refers only to this form, the I-129F, and not to the application process in general.

 

I will, however, try to confirm this with someone official.

[Guest pushbrk]

The answer should be "NO".

231578[/snapback]

I think David's reasoning makes sense that Question 11 refers only to this form, the I-129F, and not to the application process in general.

 

I will, however, try to confirm this with someone official.

231604[/snapback]

It's a good question. Any official answer will be interesting. Please let us know what you find out.

[Question Mark]

Form I-129F Instructions (Rev. 05/23/06) N Page 4

11. Mandatory Tracking of Multiple Petitions and Dissemination of Information Pamphlet.

The International Marriage Broker Regulation Act requires

USCIS to maintain a database to track repeated petitions

for K visas. Upon approval of a second petition for a K-1

or K-3 visa filed by the same U.S. citizen petitioner, USCIS

will notify the petitioner that information concerning the

petitioner has been entered into a multiple visa petition

tracking database. USCIS will enter all subsequent K-1 or

K-3 petitions filed by that petitioner into the database.

When a second petition for a K-1 or K-3 visa petition has

been filed less than ten years after the date the first petition

was filed, USCIS will notify both the petitioner and the

beneficiary of the number of previously approved petitions

listed in the database. USCIS will also send the beneficiary

a pamphlet containing information on legal rights and

resources for immigrant victims of domestice violence.

[Question Mark]

The answer should be "NO".

231578[/snapback]

I think David's reasoning makes sense that Question 11 refers only to this form, the I-129F, and not to the application process in general.

 

I will, however, try to confirm this with someone official.

231604[/snapback]

It's a good question. Any official answer will be interesting. Please let us know what you find out.

231606[/snapback]

An Offical answer to the OP's question is in the instructions for the form I-129F. Perhaps you could spend more time researching your answers before leading someone down the wrong path.

[Guest pushbrk]

Form I-129F Instructions (Rev. 05/23/06) N Page 4

11. Mandatory Tracking of Multiple Petitions and Dissemination of Information Pamphlet.

The International Marriage Broker Regulation Act requires

USCIS to maintain a database to track repeated petitions

for K visas. Upon approval of a second petition for a K-1

or K-3 visa filed by the same U.S. citizen petitioner, USCIS

will notify the petitioner that information concerning the

petitioner has been entered into a multiple visa petition

tracking database. USCIS will enter all subsequent K-1 or

K-3 petitions filed by that petitioner into the database.

When a second petition for a K-1 or K-3 visa petition has

been filed less than ten years after the date the first petition

was filed, USCIS will notify both the petitioner and the

beneficiary of the number of previously approved petitions

listed in the database. USCIS will also send the beneficiary

a pamphlet containing information on legal rights and

resources for immigrant victims of domestice violence.

231623[/snapback]

This is item 11 of the instructions. It does not address question 11 on page one of the I-129F, which remains unchanged from the previous form.

 

Even the USCIS representative I spoke to directly didn't have a clear answer on THE right way to fill this out for a first time K3 filer, let alone somebody who had previously filed an I-130.

 

Further, the "10 year" reference refers to IMBRA. It does not trump the "ever" in question 11.

 

The best "authority" I have is that I answered "no" and then noted "Only I-130 for this spouse". I see David has reasoned that "filed" refers to I-129F only and Tony clearly states "NO" is the correct answer. In the absense of an authoritative answer, I would advise this OP to answer NO and attach a separate sheet indicating clearly what he has filed before. My suspicion is that, if given the facts, the petition will be approved.

 

There is nothing in IMBRA that would apply in such a way as to cause a denial for either answer.

[david_dawei]

I would advise this OP to answer NO and attach a separate sheet indicating clearly what he has filed before.  My suspicion is that, if given the facts, the petition will be approved. 

 

231626[/snapback]

I would not recommend doing this... the form clearly says to explain YES answers, not NO answers. This is second guessing what USCIS needs, and they've already stated it on the form. Don't add confusion.

 

If you answer is NO, your done with this question.

 

----

 

it's confuing to get flip-flop advice.. Every OP doesn't need our 'advice' on exactly how to fill something out.. it's ok to just give our understanding of certain parts and direct them where to go to get an answer.

 

Having thought about this more, it makes more and more sense that VJ had NO to this for good reason (ie; this implies they did not mention the I-130, which is mandatory; and they didn't include any note stating an explanation. If this was wrong on VJ, I think that they would of heard of it from people and changed it).

[Rickmt57]

The question reads: Have you ever filed for this or any other alien fiance or husband/wife before.

 

The way I read this is, have I ever filed for my wife before and I will answer NO because this is the first filling to bring my wife here. Even theough I filed the I-130 everything is an original first time filling. It is my belief they are looking for people making multiple filings either for the same SO or multiple So's

 

But this is just my opinion.