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question on DS 156 form
- Thread starter eeshwar
- Start date
Originally posted by ginnu
eeshwar Maharaj:
I-140 is immigration visa petition and that was filed for you and NOT for your wife if she was on H4
You will write YES
Your wife will write NO as I-140 was NOT filed for her and her I-485 is derivative based on your I-140
No, this is incorrect. If your wife's name is on I-140 petition you will have to write YES for the question for her DS-156.
“No, this is incorrect. If your wife's name is on I-140 petition you will have to write YES for the question for her DS-156”
Please update your knowledge from good immigration lawyer
Employer for the employee for immigrant visa files I-140 and spouse or children name will be on that application form. Form I-140 is based on LC and I-140 when approved has only the name of employee NOT the name of spouse when approved.
This I-140 is approved for particular employee with his education required for job duties written in LC then on I-140 petition.
In this case if I-140 was filed for the Husband and not for spouse who was on H4 visa .she has to write NO as I-140 was not filed for her by any employer.
Please update your knowledge from good immigration lawyer
Employer for the employee for immigrant visa files I-140 and spouse or children name will be on that application form. Form I-140 is based on LC and I-140 when approved has only the name of employee NOT the name of spouse when approved.
This I-140 is approved for particular employee with his education required for job duties written in LC then on I-140 petition.
In this case if I-140 was filed for the Husband and not for spouse who was on H4 visa .she has to write NO as I-140 was not filed for her by any employer.
Jim Mills is the man to ask..
From my personal experiance...I got my H1 visa stamped twice when 485 was filed and 140 was filed, and it does not really matter..no one will deny youour H1 based on that.
Same for wife..she applied for H4 when my I-140 was pending..at that time we marked "no" next time she applied for H1 visa..485 was filed..she marked "yes" in all places...did not affect her at all..no questions asked inthe interview as well.
relax..it does not matter..it is a killer for F1/B1/B2 visas but not for H1/H4/L1 visas..
From my personal experiance...I got my H1 visa stamped twice when 485 was filed and 140 was filed, and it does not really matter..no one will deny youour H1 based on that.
Same for wife..she applied for H4 when my I-140 was pending..at that time we marked "no" next time she applied for H1 visa..485 was filed..she marked "yes" in all places...did not affect her at all..no questions asked inthe interview as well.
relax..it does not matter..it is a killer for F1/B1/B2 visas but not for H1/H4/L1 visas..
Originally posted by ginnu
“No, this is incorrect. If your wife's name is on I-140 petition you will have to write YES for the question for her DS-156”
Please update your knowledge from good immigration lawyer
Employer for the employee for immigrant visa files I-140 and spouse or children name will be on that application form. Form I-140 is based on LC and I-140 when approved has only the name of employee NOT the name of spouse when approved.
This I-140 is approved for particular employee with his education required for job duties written in LC then on I-140 petition.
In this case if I-140 was filed for the Husband and not for spouse who was on H4 visa .she has to write NO as I-140 was not filed for her by any employer.
ginnu,
The question relates to whether the non-immigrant visa applicant can potentially become an immigrant because of any pending immigrant petition. It has nothing to do with LC or employment based GC. If the principal applicant on I-140 or for that matter I-130 has immigrant intent, all his dependent family members also have immigrant intent. IF spouse's name appears on ANY immigrant application she then has immigrant intent and should answer YES to the relevant question.
"The question relates to whether the non-immigrant visa applicant can potentially become an immigrant because of any pending immigrant petition. It has nothing to do with LC or employment based GC. If the principal applicant on I-140 or for that matter I-130 has immigrant intent, all his dependent family members also have immigrant intent. IF spouse's name appears on ANY immigrant application she then has immigrant intent and should answer YES to the relevant question"
nkm-oct23: Here the question is Not about Intent, the form is not asking about intent it is simple question:
" Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?
Answer is NO
Immigrant Visa petition is I-140 and that Petition was NOT filed for her even if her name appears On filling papers, the correct answer will be NO from her side on the form.
I checked with my lawyer to confirm this if you wish you could check with your lawyer. She has to write YES if any employer filed I-140 for her, if not she has to write NO (employment based cases)
Suppose that if you ask her can she show you or anybody her immigration visa petition? Can she show you the immigrant visa petition? Can you ask her show us that an immigrant petition was filed for you? Can she produce a filling receipt or approval notice for her immigrant visa petition? No, she cannot, because she does not have any I-140 filling receipt on her name and she has no approved immigrant visa petition on her name because it was never filed for her
tt tt and others are correct that it does not make a difference to get Visa even if she checks YES because H1B, H4, O1 all are dual intent visa categories .
I leave this thread for others like JIM or Jaxen
nkm-oct23: Here the question is Not about Intent, the form is not asking about intent it is simple question:
" Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?
Answer is NO
Immigrant Visa petition is I-140 and that Petition was NOT filed for her even if her name appears On filling papers, the correct answer will be NO from her side on the form.
I checked with my lawyer to confirm this if you wish you could check with your lawyer. She has to write YES if any employer filed I-140 for her, if not she has to write NO (employment based cases)
Suppose that if you ask her can she show you or anybody her immigration visa petition? Can she show you the immigrant visa petition? Can you ask her show us that an immigrant petition was filed for you? Can she produce a filling receipt or approval notice for her immigrant visa petition? No, she cannot, because she does not have any I-140 filling receipt on her name and she has no approved immigrant visa petition on her name because it was never filed for her
tt tt and others are correct that it does not make a difference to get Visa even if she checks YES because H1B, H4, O1 all are dual intent visa categories .
I leave this thread for others like JIM or Jaxen
Last edited by a moderator:
Originally posted by ginnu
"The question relates to whether the non-immigrant visa applicant can potentially become an immigrant because of any pending immigrant petition. It has nothing to do with LC or employment based GC. If the principal applicant on I-140 or for that matter I-130 has immigrant intent, all his dependent family members also have immigrant intent. IF spouse's name appears on ANY immigrant application she then has immigrant intent and should answer YES to the relevant question"
nkm-oct23: Here the question is Not about Intent, the form is not asking about intent it is simple question:
" Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?
Answer is NO
Immigrant Visa petition is I-140 and that Petition was NOT filed for her even if her name appears on it, the correct answer will be NO from her side on the form.
I checked with my lawyer to confirm this if you wish you could check with your lawyer. She has to write YES if any employer filed I-140 for her, if not she has to write NO (employment based cases)
Suppose that if you ask her can she show you or anybody her immigration visa petition? Can she show you the immigrant visa petition? Can you ask her show us that an immigrant petition was filed for you? Can she produce a filling receipt or approval notice for her immigrant visa petition? No, she cannot, because she does not have any I-140 filling receipt on her name and she has no approved immigrant visa petition on her name because it was never filed for her
tt tt and others are correct that it does not make a difference to get Visa even if she checks YES because H1B, H4, O1 all are dual intent visa categories .
Why do you think they even ask such a question on DS-156?
Let's take a hypothetical case. A US citizen petitions for his brother under family category. His brother is married. When he files I-130, he indicates his brother as the relative and his spouse and children as his immediate family member. If you read the instructions for I-130, it says under "FOR WHOM YOU MAY FILE?
"If youre relative qualifies under A2 or A2 above, SEPARATE PETITIONS ARE NOT REQUIRED for his spouse/children."
Dosn't it mean that INS/BCIS considers this one application to be the petition that includes the relative AND his family?
The bottom line is that one cannot immigrate to US WITHOUT filing for a immigrant visa petition, whether he/she is the principal appliant or a derivative beneficiary. It is this issue that is raised in DS-156 form.
I still think the answer should be YES to the question.
I certainly agree with you that L or H visas are dual intents and answer to this question on DS-156 should have no effect on the visa application.