DS-156
#1
N.Ireland / NJ
Thread Starter
Joined: Nov 2009
Location: New Jersey, originally Northern Ireland!
Posts: 243
DS-156
I have been working through all the forms now in prep for the Packet 3 arriving.
I am just not sure what I should have answered for this one.....
The DS-156 asks the following:
36. Has anyone ever filed an immigrant visa petition on your behalf?
Do I click on Yes and put my Fiance's name as he applied for one during this process??
Thanks in advance...
(Oh and I have looked up google and the sample completed forms and none seem to answer my question for now. )
I am just not sure what I should have answered for this one.....
The DS-156 asks the following:
36. Has anyone ever filed an immigrant visa petition on your behalf?
Do I click on Yes and put my Fiance's name as he applied for one during this process??
Thanks in advance...
(Oh and I have looked up google and the sample completed forms and none seem to answer my question for now. )
#2
Re: DS-156
C,
I did. Other's say to check 'No', on the basis that the I-129f petition leads to a non-immigrant visa, not an immigrant visa. Either way, the consular officer knows perfectly well that your fiance filed a petition, because it's right there in the case file that the officer is looking at.
What would be significant is if someone other than your current fiance had previously filed a petition for you.
Regards, JEff
I did. Other's say to check 'No', on the basis that the I-129f petition leads to a non-immigrant visa, not an immigrant visa. Either way, the consular officer knows perfectly well that your fiance filed a petition, because it's right there in the case file that the officer is looking at.
What would be significant is if someone other than your current fiance had previously filed a petition for you.
Regards, JEff
#3
N.Ireland / NJ
Thread Starter
Joined: Nov 2009
Location: New Jersey, originally Northern Ireland!
Posts: 243
Re: DS-156
C,
I did. Other's say to check 'No', on the basis that the I-129f petition leads to a non-immigrant visa, not an immigrant visa. Either way, the consular officer knows perfectly well that your fiance filed a petition, because it's right there in the case file that the officer is looking at.
What would be significant is if someone other than your current fiance had previously filed a petition for you.
Regards, JEff
I did. Other's say to check 'No', on the basis that the I-129f petition leads to a non-immigrant visa, not an immigrant visa. Either way, the consular officer knows perfectly well that your fiance filed a petition, because it's right there in the case file that the officer is looking at.
What would be significant is if someone other than your current fiance had previously filed a petition for you.
Regards, JEff
I appreciate the advice (",)
#4
Re: DS-156
I have been working through all the forms now in prep for the Packet 3 arriving.
I am just not sure what I should have answered for this one.....
The DS-156 asks the following:
36. Has anyone ever filed an immigrant visa petition on your behalf?
Do I click on Yes and put my Fiance's name as he applied for one during this process??
Thanks in advance...
(Oh and I have looked up google and the sample completed forms and none seem to answer my question for now. )
I am just not sure what I should have answered for this one.....
The DS-156 asks the following:
36. Has anyone ever filed an immigrant visa petition on your behalf?
Do I click on Yes and put my Fiance's name as he applied for one during this process??
Thanks in advance...
(Oh and I have looked up google and the sample completed forms and none seem to answer my question for now. )
The confusion arises from the fact that the Immigration & Nationality Act does not define "immigrant" in the same way as common usage. Section 101(a)(15) defines "immigrant" as any alien except those who fit in specified exemptions list (A) to (V). [When I first learned immigration law, it was (A) to (L)]. So, an Englishman with a drug trafficking conviction is an "immigrant," a lawful one at that, but he can never come to the US to live permanently.
This confusion is almost universal -- section 214(b) is often described as the need to show no intention of obtaining permanent residence. This is not so. Now, the visitor classification at 101(a)(15)(B) contains as part of its definition an intent not to abandon foreign residence. In contrast, the very definitions at 101(a)(15)(K) contemplate taking up permanent residence.