British Expats - I-130 Q.16 - What category am I?

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I-130 Q.16 - What category am I?

I am currently waiting for my AOS appointment in the US after filing to adjust from a K1 visa last year. I have instead decided to file at the Sydney consulate for a spouse visa that I have been told will negate the application in the US.

My spouse is completing the I-130 for us to proceed with direct consular filing. Question 16 asks: Has your relative ever been under immigration proceedings? It asks Yes or No? And Where and When? It also lists whether it was Removal,
Exclusion/ Deportation, Recission or Judicial Proceedings?

Firstly, am I considered to have been 'Under Immigration Proceedings' even though the K1 visa is classed as non-immigrant and I never actually got to the first interview stage with my AOS application?

If yes, then which of the categories applies to me? Is it recision even though I have not formally cancelled my AOS application and the BCIS did not formally rescinder the application? Or do I leave the category area blank?

Thanks for your help.

Re: I-130 Q.16 - What category am I?

In article ,
desusa wrote:

    > I am currently waiting for my AOS appointment in the US after filing to
    > adjust from a K1 visa last year. I have instead decided to file at the
    > Sydney consulate for a spouse visa that I have been told will negate the
    > application in the US.
    >
    > My spouse is completing the I-130 for us to proceed with direct consular
    > filing. Question 16 asks: Has your relative ever been under immigration
    > proceedings? It asks Yes or No? And Where and When? It also lists
    > whether it was Removal,
    > Exclusion/ Deportation, Recission or Judicial Proceedings?
    >
This does not apply to you. Proceedings means that you have been
officially accused by immigration dept or state dept of doing something
wrong and/or are being called up before an immigration judge for it.
Relax. Answer no.
--
Trashy girl

Thanks for your response. 'No' is definitely the preferable answer!

Re: I-130 Q.16 - What category am I?

Quote:

Originally posted by desusa
I am currently waiting for my AOS appointment in the US after filing to adjust from a K1 visa last year. I have instead decided to file at the Sydney consulate for a spouse visa that I have been told will negate the application in the US.

My spouse is completing the I-130 for us to proceed with direct consular filing. Question 16 asks: Has your relative ever been under immigration proceedings? It asks Yes or No? And Where and When? It also lists whether it was Removal,
Exclusion/ Deportation, Recission or Judicial Proceedings?

Firstly, am I considered to have been 'Under Immigration Proceedings' even though the K1 visa is classed as non-immigrant and I never actually got to the first interview stage with my AOS application?

If yes, then which of the categories applies to me? Is it recision even though I have not formally cancelled my AOS application and the BCIS did not formally rescinder the application? Or do I leave the category area blank?

Thanks for your help.

Hi:

You answer the question. If you were ever before an Immigration Judge -- you answer "yes" and say whether it was "deportation", "exclusion", "rescission" or "removal" -- If you were able to get a K-1 in the recent past, it indicates that any proceedings were resolved in such a way as to not be an impediment.

If you were never in such proceedings, just check "no."

Thank you for your explanation Folinskyinla. Much appreciated. :)