DS-156

Old Apr 13th 2010, 3:28 pm
  #1  
N.Ireland / NJ
Thread Starter
 
Chrissie85's Avatar
 
Joined: Nov 2009
Location: New Jersey, originally Northern Ireland!
Posts: 243
Chrissie85 has much to be proud ofChrissie85 has much to be proud ofChrissie85 has much to be proud ofChrissie85 has much to be proud ofChrissie85 has much to be proud ofChrissie85 has much to be proud ofChrissie85 has much to be proud ofChrissie85 has much to be proud ofChrissie85 has much to be proud ofChrissie85 has much to be proud ofChrissie85 has much to be proud of
Default 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. )
Chrissie85 is offline  
Old Apr 13th 2010, 3:49 pm
  #2  
Member
 
jeffreyhy's Avatar
 
Joined: Apr 2001
Posts: 14,049
jeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond repute
Default 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


Originally Posted by Chrissie85
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??
jeffreyhy is offline  
Old Apr 13th 2010, 3:53 pm
  #3  
N.Ireland / NJ
Thread Starter
 
Chrissie85's Avatar
 
Joined: Nov 2009
Location: New Jersey, originally Northern Ireland!
Posts: 243
Chrissie85 has much to be proud ofChrissie85 has much to be proud ofChrissie85 has much to be proud ofChrissie85 has much to be proud ofChrissie85 has much to be proud ofChrissie85 has much to be proud ofChrissie85 has much to be proud ofChrissie85 has much to be proud ofChrissie85 has much to be proud ofChrissie85 has much to be proud ofChrissie85 has much to be proud of
Default Re: DS-156

Originally Posted by jeffreyhy
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
Thanks Jeff :0)

I appreciate the advice (",)
Chrissie85 is offline  
Old Apr 13th 2010, 4:02 pm
  #4  
BE Commentator
 
S Folinsky's Avatar
 
Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,403
S Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond repute
Default Re: DS-156

Originally Posted by Chrissie85
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. )
Comment: the case law and text-books describe the K-1 as a "hybrid." It is technically a non-immigrant visa. However, since it looks to obtaining lawful permanent residence in the United States, it is processed "as if" it is an immigrant visa.

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.
S Folinsky is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.