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  • Question when filling out I-130

    Hello,
    I am filing I-130 for my spouse who is in India. I have a few questions as below:

    1. Part 4 (I-130): My current spouse had previously (before marriage) filed for a visitor's visa that had got rejected. in Question 10, would that visitor visa count as a previously filed petition?

    2. Part 5 (I-130): I was married before which ended legally. This I-130 petition is for my current wife from second marriage. Because I had previously filed for my Green Card (during my first marriage) along with my first spouse, Should I be saying "yes" that I had previously filed a petition for any other alien? And mention my first spouse name here?

    Thank you very much for any response!

  • #2
    Originally posted by manager View Post
    Hello,
    I am filing I-130 for my spouse who is in India. I have a few questions as below:

    1. Part 4 (I-130): My current spouse had previously (before marriage) filed for a visitor's visa that had got rejected. in Question 10, would that visitor visa count as a previously filed petition?

    2. Part 5 (I-130): I was married before which ended legally. This I-130 petition is for my current wife from second marriage. Because I had previously filed for my Green Card (during my first marriage) along with my first spouse, Should I be saying "yes" that I had previously filed a petition for any other alien? And mention my first spouse name here?

    Thank you very much for any response!
    1. No. That's because no one sponsors anyone for a visitor visa. Visitor visas are reviewed upon the merit of the applicant and not someone "inviting" them. So, you did not petition your wife for a previous tourist visa.
    2. Yes. This time you had filed a previous I-130 for your first wife. That counts as a petition.
    --Good luck--
    Good luck. I learned the hard way, I hope you don't have to. Immigration is interesting. Not considered as legal advice.

    Comment


    • #3
      Originally posted by PKumar01 View Post
      1. No. That's because no one sponsors anyone for a visitor visa. Visitor visas are reviewed upon the merit of the applicant and not someone "inviting" them. So, you did not petition your wife for a previous tourist visa.
      2. Yes. This time you had filed a previous I-130 for your first wife. That counts as a petition.
      Thank you very much for the response!

      Comment

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