K-3 or I-130 - do I know what I'm doing?

[Injie 1]

Hi everyone,

And thanks, Reba, for posting a response to my last questions.

All this information is helpful. However, I’m going to go to see an immigration lawyer (again) to get some solid guidance based on my and my wife’s circumstances, and to get a second opinion on a few things that I was told by an immigration lawyer last year (he overlooked one significant thing and therefore gave me some incorrect information, so now I want to check everything!)

Until I see the lawyer, I won’t know whether or not we’ll be sending the I-130 yet. But since we got most of it done, and while it’s fresh in my memory, we may as well fill in the blanks and “finish” it, and we’ll have a finished draft for when we DO need to send it.

If anyone can help with the following questions, I would really appreciate it.

1) Question 14 on the I-130 form: If you are a lawful permanent resident alien, complete the following: Date and place of admission for or adjustment to lawful permanent residence and class of admission.

- Date: Is this the “resident since” date on my wife’s green card?

- Place: How/where do I find this?

- Class of admission: Would this be “Unconditional permanent resident”?

2) Question 22 on the I-130 form: Complete the information below if your relative is in the United States and will apply for adjustment of status.

- Does “in the US” mean already living in the US or visiting?

If your relative is not eligible for adjustment of status, he or she will apply for a visa abroad at the American consular post in:

- Would this be London, UK?

3) What is a “G-28 ID or VOLAG Number” for the person preparing the petition?

4) On the G-325A forms, is my wife’s “A” number the same as her “alien registration number”?

5) On the G-325A forms, what is my “alien registration number”?

6) Presumably we send the two G-325A forms WITH the I-130 form? (sorry if that’s very obvious, but it’s worth checking!)

7) And where do we send the I-130? On the I-130 instructions (PDF) it says to send New Jersey applications to “USCIS Vermont Service Center”. But on the USCIS website, the I-130 instructions state: “P.O. Box 804616, Chicago” but if submitting by courier/express delivery then we send it to “USCIS Lockbox…Chicago”. Any ideas?

Thank you all in advance!

[Frenchwife 1]

6) Presumably we send the two G-325A forms WITH the I-130 form? (sorry if that’s very obvious, but it’s worth checking!)

7) And where do we send the I-130? On the I-130 instructions (PDF) it says to send New Jersey applications to “USCIS Vermont Service Center”. But on the USCIS website, the I-130 instructions state: “P.O. Box 804616, Chicago” but if submitting by courier/express delivery then we send it to “USCIS Lockbox…Chicago”. Any ideas?

Thank you all in advance!

6) YES, READ INSTRUCTIONS

7) USCIS INSTRUCTIONS ON SITE CORRECT, CHECK THE REVISION OF YOUR PDF GET THE LATEST REV ON USCIS SITE

[Reba 2]

1) Question 14 on the I-130 form: If you are a lawful permanent resident alien, complete the following: Date and place of admission for or adjustment to lawful permanent residence and class of admission.

- Date: Is this the “resident since” date on my wife’s green card? Yes

- Place: How/where do I find this? where did she have her interview?

- Class of admission: Would this be “Unconditional permanent resident”? Yes

2) Question 22 on the I-130 form: Complete the information below if your relative is in the United States and will apply for adjustment of status.

- Does “in the US” mean already living in the US or visiting? living in

If your relative is not eligible for adjustment of status, he or she will apply for a visa abroad at the American consular post in:

- Would this be London, UK? Yes

3) What is a “G-28 ID or VOLAG Number” for the person preparing the petition? not a clue

4) On the G-325A forms, is my wife’s “A” number the same as her “alien registration number”? Yes

5) On the G-325A forms, what is my “alien registration number”? unless you have done US immigration before, you don't have a US alien registration number

6) Presumably we send the two G-325A forms WITH the I-130 form? (sorry if that’s very obvious, but it’s worth checking!) Yes

7) And where do we send the I-130? On the I-130 instructions (PDF) it says to send New Jersey applications to “USCIS Vermont Service Center”. But on the USCIS website, the I-130 instructions state: “P.O. Box 804616, Chicago” but if submitting by courier/express delivery then we send it to “USCIS Lockbox…Chicago”. Any ideas? check the Guides here, but I think you send it to Vermont if you're just doing the CR1, but to Chicago if you're going to do K3. I dunno, it's been a long time since I did mine!

[Injie 1]

Dear all,

I thought I’d give you an update, as I’m as confused as ever but maybe some of what I am learning (very slowly) will be helpful for others in the same situation.

As well as doing online research, I have recently been to consultations with two lawyers. Free consultations via a local bar association. I strongly recommend others to look into this. But do as much research as possible before and have all your questions ready. Then check and double-check what they tell you.

The first lawyer seemed to know a lot about immigration issues but I wasn’t impressed by the constant interruptions during our consultation and the chaotic office. The second runs a much more efficient/less chaotic business but seemed to know much less about immigration matters (I had the feeling I knew more than him) and so again, I won’t be spending my money there. I think I’ll go back to the lawyer who advised me one year ago. It seems the information he gave me was reliable (he just overlooked one detail: that my wife is a resident, not a citizen).

Despite everything I am still confused. Do we:

1. File the I-130 now (while my wife is a US permanent resident) and upgrade it to an IR1 when she becomes a US citizen – OR, wait until my wife is a citizen and then file an IR1?

2. File the I-130 now or just concentrate on looking for a job. And then, if I’m lucky, get an H-1B employment visa – AND THEN file the I-130.

Nobody (at least no lawyer so far – that’s three lawyers) can give me a clear answer. Well, they appear to give a clear answer but they're not clear on other things, like the "dual intent" implications. One of the lawyers told me to file the I-130 ASAP, but that contradicts Reba’s warning:

“If you manage to get yourself a work visa of some sort, you would likely have to do that *before* your wife submits the I-130, because not all work visas are dual intent. If you have a pending I-130 spousal petition, they may reject any application for employment sponsorship. I would look into that further to be sure.”

Thanks, Reba. That’s helpful. But does anyone know how can I look into that if no lawyer can answer the question clearly?

When I asked where we should state dual intent (on the I-130 or the H-1B), the second lawyer I saw recently told me I probably should state this at the interview. Sorry, but “probably” is too vague. What is it with these lawyers? They charge an absolute fortune and they use words like "probably". I wan't certainty about these procedures, not probably.

Note: I was told by a lawyer that when my wife becomes a citizen we upgrade an I-130 to an IR1, which is for an “immediate relative" – but I am already an immediate relative. So presumably that means “immediate relative of a citizen” (not a resident)?

The second lawyer I saw recently told me that I should file an I-130 and then follow it up with a 751 (what’s that?) and then I’ll get an interview, and then after about 90 days (give or take 30 days) I will have work authorisation. Is this right? I don’t think so. Too good to be true? But after all, I am not interested in being a US resident, a US citizen, etc. All I want is to be able to live and work in the US so I can be with my wife.

I have almost completed the I-130 and the two G-325A forms. The first lawyer I saw recently charges $600 to complete an I-130. The second lawyer charges $3,500.

Earlier I asked some questions and I got many answers via this forum (thank you). But there were a few gaps which I have since been able to fill – just thought I’d post this here in case it’s useful to others:

- Since I am preparing the I-130 form on behalf of my wife (the resident who is making the petition), I have to provide the “G-28 ID or VOLAG Number” for the person preparing the petition.

One of the lawyers told me that the G-28 ID is a lawyer’s number. So I don’t have one of those and therefore I leave it blank. The lawyer didn’t know what a VOLAG number is. Google brought up “volag (non-profit resettlement agency)”. I suppose that’s just one example.

Question: should I be signing this section of the I-130? Yes, I am preparing this form on behalf of my wife, but I am not a lawyer etc., so should we just skip this section so it looks like my wife completed the form?

On the G-325A forms we need to provide our A number. My wife has an alien registration number. But I don’t. One of the lawyers told me that I WILL have an alien number (as I am currently in the US) and that I should check my passport. I’ve yet to do this – but I expect (hope) to find it on the green visa waiver card (I think it’s called an I-190).

I can’t remember where I read about an I-864 Affidavit of Support – it might have been on this forum. I don’t think it was on the I-130 instructions. I asked a lawyer if we have to provide that affidavit with the I-130, or if that is done later. He said we need to do it now (and he’d charge $375 per hour to do that if I am completing the I-130 myself – or else it’s included in the I-130 fees mentioned above, i.e. $3,500).

The problem is that my wife isn’t working right now and so she cannot prove that she can support me. So what do we do?

I read something on this forum about a cover letter with the I-130 petition. Is that a good idea?

Well, that’s my update. I still don’t know what the hell I’m doing!

Thank you.

Inj

[Reba 2]

1. File the I-130 now (while my wife is a US permanent resident) and upgrade it to an IR1 when she becomes a US citizen – OR, wait until my wife is a citizen and then file an IR1?

Let's clear up some terminology for you here. The I-130 is a petition that US permanent residents and US citizens can submitt to basically ask the US government for permission to sponsor their relative to move to the United States. Once that petition is approved, then the foreign relative receives an application to apply for a CR1/IR1 visa. The petition and the visa are two entirely different things, and the visa is preceeded by the processing of the petition.

I will say again, get the petition submitted asap, and then once your wife has completed her naturalization ceremony, she can send USCIS notice and request to "upgrade" it.

When I asked where we should state dual intent (on the I-130 or the H-1B)

Again, the I-130 is a petition, and there is nowhere for YOU to provide information about YOUR intent. The petition is for your WIFE to ask USCIS if she can sponsor you. The I-130 IS NOT the visa application. YOU would inform USCIS about your intent on the application for the work visa. The forms for that are entirely different, and in this economy, I'm guessing triyng to find an employer to sponsor you who cannot find a qualified American for the job will be extremely difficult. Do not hedge your bets on a work visa of any sort at this point.

Note: I was told by a lawyer that when my wife becomes a citizen we upgrade an I-130 to an IR1, which is for an “immediate relative" – but I am already an immediate relative. So presumably that means “immediate relative of a citizen” (not a resident)?

Your wife can petition to sponsor you as a permanent resident, however, permanent resident petitions Do Not have priority. Citizen's petitions take priority. The resulting visa (IR1) is the same regardless of your spouse's status in the US.

The second lawyer I saw recently told me that I should file an I-130 and then follow it up with a 751 (what’s that?) and then I’ll get an interview, and then after about 90 days (give or take 30 days) I will have work authorisation. Is this right? I don’t think so. Too good to be true? But after all, I am not interested in being a US resident, a US citizen, etc. All I want is to be able to live and work in the US so I can be with my wife.

Stop talking to lawyers, they're wasting your time and apparently have no clue what they're talking about

The I-751 is a form to use to remove conditions on permanent resident status. As you are not even a permanent resident yet, conditional or otherwise, I don't know why he'd suggest this form to you. here's the form at USCIS for you to look at Seriously, have a look thru all the forms yourself at the USCIS website, anything any of these bonehead lawyers told you to do, go have a look at the form yourself to see if it makes any sense. This one obviously does not.

- Since I am preparing the I-130 form on behalf of my wife (the resident who is making the petition), I have to provide the “G-28 ID or VOLAG Number” for the person preparing the petition.

You DO NOT need to fill out that portion of the form, nor include any other forms to go with it. Just leave that spot blank as if your wife had typed them up herself (which, btw, why isn't she as involved in this as you? just curious). If you fill out that portion you'll just confuse USCIS and they'll be thinking you're acting as your wife's lawyer. Leave it.

On the G-325A forms we need to provide our A number. My wife has an alien registration number. But I don’t.

Nope, you don't, unless you have previously had some form of US immigration benefit. Otherwise, put N/A. Once again, the lawyer has no clue.

I can’t remember where I read about an I-864 Affidavit of Support – it might have been on this forum. I don’t think it was on the I-130 instructions. I asked a lawyer if we have to provide that affidavit with the I-130, or if that is done later. He said we need to do it now (and he’d charge $375 per hour to do that if I am completing the I-130 myself – or else it’s included in the I-130 fees mentioned above, i.e. $3,500).

The Affidavit of Support will come much later in the process after the petition has been approved and has moved on to the next step at NVC. Again, the lawyer has no clue. I see a pattern here. Where'd he get his law degree? On the internet?

The problem is that my wife isn’t working right now and so she cannot prove that she can support me. So what do we do?

If your wife does not have a job, nor enough assets to cover the requirement, then you'll have to find a joint sponsor. Family member or friend US citizen, currently living in the US who can sponsor you. Read the instructions on the I-864 for information.

I read something on this forum about a cover letter with the I-130 petition. Is that a good idea?

Have you even looked at the GUIDES here on the site? Lots of info in there, and I'm sure includes information about cover letters, G-325As, A numbers, etc etc etc...

One more bit of advice. Quit talking to lawyers. They're not helping you any.

[Injie 1]

Thank you Reba!

I’ll have to read your comments a few times to absorb everything. But the “quit talking to lawyers” part is definitely resonating already!

You asked, “btw, why isn't she [my wife] as involved in this as you? just curious.” The reason being simply because although she has learnt to speak good English, she is only semi-literate in English. All of this immigration process is confusing enough for someone like me who speaks English as their first language, who has an education, and who has been brought up in a society where we have all kinds of forms and regulations for everything. My wife’s culture is so different. And she grew up in a rural area where there was no school and so she has no education whatsoever. Well, her parents taught her to read and write in her own language. That's it. But she is very smart. However, all this I-130, petition, IR1, H-1B, affidavit of support, upgrading the petition, G-325A, USCIS, I-864, alien registration number etc etc is like ANOTHER language to her. And it is for me, too. So anyway, she’s happy for me to deal with this (but she is frustrated that she can’t really help much), and so I am kind of alone in figuring everything out.

And I really appreciate your help.

Thank you.

inj

[Injie 1]

Hi everyone,

Well, I got absorbed by H-1B research etc. Just returned to the I-130 and finalising this and the two accompanying G-325A forms. We’ll get our photos done tomorrow and everything should be ready to send within a day or so.

Thanks Reba for pointing out the guides etc on this site. Very helpful.

However, I couldn’t find anything relating to cover letters for the I-130 (I guess it isn’t necessary). Please can anyone help?

A few things that are still not clear (apologies for going over the same ground again and again).

I-130

Question B14.

“Date and place of admission for or adjustment to lawful permanent residence and class of admission”

- Date: I’m using the “resident since” date on my wife’s green card

- Place. Reba earlier asked “where did she have her interview?” Well, according to an I-797C Notice of Action in my wife’s files, my wife was called to USCIS Newark NJ for biometrics etc about five months before the “resident since” date on her green card. Other documents from around the same time state Lincoln, NE and Mesquite, TX. So I have no idea which is correct.

- Class of admission. I had thought “Unconditional Permanent Resident” but there isn’t really enough room for all that. I’m wondering if the “class of admission” might be the “category” as stated on the green card says “AS6”. Ah, yes, this would appear to be it. I just found on another document “COA: AS6”. So “COA” is Class of admission.

Question C14.

“If your relative is currently in the U.S., complete the following: He or she arrived as…”

Since I came on the visa waiver programme, I guess I would put “visitor” (which is one of the examples listed), or “tourist” (although this is NOT one of the examples listed).

Question C14 continues by asking for the number from my I-94, arrival date, and when the I-94 will expire. However, my wife probably will send all this off at the end of the week, by which time I’ll already be back in London. I note that on the example version available on Visa Journey -- www.visajourney.com/forums/index.php?autocom=custom&page=guides – this whole section is left blank. Yes the spouse has been to the US before, but question C14 in my case, as in this example, should be “n/a” because I would no longer be in America. Am I right?

Question C15.

15. “Name and address of present employer (if any)” and “Date this employment began”. In my case I am currently doing freelance work from home. So do I just put my name and home address and say “freelance”? Also, most of last year I was doing a PAYE job and this freelance work at the same time. In fact, I’ve been doing various freelance work and PAYE work for several years. So there was an overlap. Which date should I use?

G-325A

The forms say “Exp 05/31/09”. That’s next Sunday. We won’t be ready to send the I-130 and G-325As until later this week. By the time the files are received by USCIS they will have expired. Meanwhile, the new versions of the file do not appear to be online. So what do we do?

Strangely, one of our G-325A forms will letter me put in full years “2008” in the employment section, but the other form (when printed) blocks part of the year with a “+” sign (indicating more information typed in than space allows on the form). I guess I should just write “08” etc on that form.

Again, sorry to keep going on and on about this. Your help is appreciated.

Thanks.

Inj