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What to say in the DS-160 about an I-140?

Key answer

Answer honestly: the DS-160 question 'Has an immigrant petition ever been filed on your behalf' is a trigger, but the community treats the I-140 itself as not a direct immigrant intent (unlike the I-485), and members obtained B1/B2 and L-1 visas with an approved I-140 without problems. Hiding the petition is risky: the consul sees your USCIS history, forms are cross-checked against earlier ones, and a lie can wreck all further immigration. The decision still rests with the consul.

Community answers

The answers below are translated from the original Russian - the language of the community chats.

  • I obtained both B1/B2 and L1B with an approved I-140 form without any issues - except for an administrative check, but that is a separate story not related to I-140. From USCIS's perspective, the I-140 itself is not considered an immigration intent, and it does not receive special attention - at least, that is what my lawyers always told me.

  • I-485 is filled out for each person separately and is considered a direct immigration intent. I-140 is filled out for the principal and only counts for the principal - and, as I've mentioned, is not considered intent. So, there's no point in hiding it in the application.

  • Sometimes people hide the approval of I-140 or even the fact of submission, and sometimes they lie. In theory, this might bring some advantage during a tourist visa interview, but in immigration later, it can seriously backfire. Therefore, I always suggest not to lie. The trigger question in DS-160 usually sounds like this: 'Has an immigrant petition ever been filed on your behalf.'

  • Submitting an I-140 can affect the further acquisition of other visas: in the DS-160 form, there is a question about whether you have previously contacted USCIS and on what matter. But all of this is at the consul's discretion. Keep in mind that USCIS checks all previously submitted applications of the applicant, and the information must match what was submitted earlier.

The answers are anonymized community experience from the public chats, not legal advice. Officers may decide similar cases differently.

Sources

All questions on: Consulate and interviewAll questions on: Process and timelinesAll questions on: The petition and formatting

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A reference page built from community experience, not legal advice. Requirements and practice change - verify on uscis.gov.

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