A few questions on how to fill in form I-130

[angel129 0]

Hiya!

I have a few questions regarding the appropriate entries into some of the questions on form I-130. Can anyone help me?

I am American married for 4 1/2 years to my British husband. We live in England currently but are ready to move back to the USA.

I have an American son for which I have full custody (He was born in the USA.) My husband and I have a son together born in the UK with dual citizenship.

My questions:

Firstly, I have not filed my taxes in the USA for since 2004. Do I need to do this before we send in the paperwork? Will the US Embassy in London be questioning us on this?

B2 And C2 Our address in the UK? Or the address where we intend to live in the USA?

C15 My husband is currently a self-employed contractor working solely for a partner of IBM. He intends to continue to do this in the US. Do we need to write this here or is this question only if my husband in currently employed by a US based company?

C17 Do we list our son who is an American citizen already or is this just for any other children that would be immigrating to the States who do not have US citizenship? ( My husband has no other children.)

How long can my husband stay out of the country on business at any stage of the process? He travels all over the world and will need to continue to do this.

Can we go to the USA whilst the paperwork is being processed? IE. at Christmas time to visit my family or if my husband has any work in the States

Thank you for all your help in advance. We are only at the beginning stages and finding the process so daunting!

Angel129

[Malrothien 6]

Hiya!

I have a few questions regarding the appropriate entries into some of the questions on form I-130. Can anyone help me?

I am American married for 4 1/2 years to my British husband. We live in England currently but are ready to move back to the USA.

I have an American son for which I have full custody (He was born in the USA.) My husband and I have a son together born in the UK with dual citizenship.

My questions:

Firstly, I have not filed my taxes in the USA for since 2004. Do I need to do this before we send in the paperwork? Will the US Embassy in London be questioning us on this?

Yes, it is a good idea to file your taxes, as it is actually a requirement for you to have filed them.

B2 And C2 Our address in the UK? Or the address where we intend to live in the USA?

Address where you currently live. There is a question that asks further in the application for where you intend to live.

How long can my husband stay out of the country on business at any stage of the process? He travels all over the world and will need to continue to do this.

I believe the maximum is 6 months.

Can we go to the USA whilst the paperwork is being processed? IE. at Christmas time to visit my family or if my husband has any work in the States

You can, but you must bring along proof of ties to the UK: ie: lease/mortgage, letter from employer stating the return date, etc.

Thank you for all your help in advance. We are only at the beginning stages and finding the process so daunting!

Angel129

[canadian_wife 1,822]

^^^ Agree with one exception. You the petitioner, the USC does not need to show ties to the UK (obviously being a USC you do not have to show you intend to leave). Your husband may be asked for such documentation howerver, best to have it ready.

Good luck.

[Malrothien 6]

Yeah, sorry, I should've said that. Brain working faster than fingers.

[canadian_wife 1,822]

No worries siter malrothien - your answers for the other questions were awsome!

[Dakine 26]

You either have to file back taxes or enclose a letter explaining why you didn't file.

I hope you are doing a DCF?

Edited August 30, 2009 by Haole

[angel129 0]

Thank you for all your quick replies! Can I just ask firstly what is a DCF?

Also, does anyone know the answer to question C17 where we have to list any children that will be immigrating with us. My husband and I have one son together who is a US citizen in his own right. I also have an American son from a previous marriage.

[canadian_wife 1,822]

DCF is filing the petition directly with the consulate in London, instead of mailing the petition to a lockbox in Chicago. It is a lot quicker than filing in the US

C17 asks for ALL the children of the USC's relative. List ALL the children your husband has (whether yours or not). I assume you can list your son and put "step son" under relationship. Oh, and don't forget to list your husband's name in C17 as well. The question does not ask if they are immigrating with you.

Good luck.

[angel129 0]

Thank you canadian wife.

What about question 15. We are thinking that you only need to fill this in if you are already working for a company in the USA?! Is that right?

[imfromaoi 0]

Thank you canadian wife.

What about question 15. We are thinking that you only need to fill this in if you are already working for a company in the USA?! Is that right?

Question 15: Name and address of present employer (if any)

I think this means if your husband is employed, then list it. I don't think it has to do anything with the states. The only reason why I said that is because it is listed on the beneficiary side of the I-130. Of course I could be wrong and a second opinion is always helpful.

[canadian_wife 1,822]

C15 write where your husband is currently working. Regardless if it is in the US or not, if he is working, list where he is working

Good luck.

[angel129 0]

Thank you!

Spoke to the US Embassy London today and 'Steven' said that if my husband is self employed we don't need to write anything in question 15 because this pertains only to relatives who are already employed in the USA.

Can I pick your brains again? Steven also said that my husband will get his passport stamped once we arrive in the US having been approved (fingers crossed) and that the green card will take about 12 months to process. Is this correct? Can my husband work in the US and abroad with only the stamp in his passport?

[canadian_wife 1,822]

Your husband will get a visa in his passport after a successful interview. Once he arrives in the US he will get a temporary stamp in his passport. This stamp is good for work, travel, driver's licence, school etc. His green card will come in the mail. Mine took about 3 weeks to get there.

As for question 15 it asks "Name and address of present employer". It does not mention a thing about employment in the US and it pertains to all beneficaries - not just the ones in the US. In fact, you should certainly put 'self employed' in this box and disregard what Steven told you. Look at the example forms on here and use that as your guide. DO NOT leave any question blank. And the answer you put in question 15 should coincide with the answers you put on the G-325A regarding employment to prevent any confusion or a delay in your case

Good luck.