Form I-130 Questions

[JoLingcm 0]

On reviewing the completed example I-130 from VJ, I have a few questions.

#14b is that relevant to my spouse or me as the "beneficiary"?

#15 is this relating to me as the beneficiary if I am currently employed?

#17 Am I listing the name of my spouse and his children?

Also my current passport and visa are in my maiden name; however since I got married, I have yet to change my surname in my passport.

So my question is: should I have my visa and passport changed prior to the filing of my I-130 application to reflect my name?

I ask because I'm thinking ahead to the embassy stage and everything goes alright (assuming it will); exactly what do they do when issuing the final documents and they take my current passport? what issues will it pose if both pieces of documents are in my maiden name and hasn't yet been changed.

The rule of thumb in my country is that once you're married a woman automatically assumes the husband's last name. Unless you want to show hyphenated surname such as Sand-Blog, a document known as a change of surname (deed poll) has to be completed and filed with the registrar.

Thanks.

[Ryan H 3,844]

My answers in bold

On reviewing the completed example I-130 from VJ, I have a few questions.

#14b is that relevant to my spouse or me as the "beneficiary"? 14b is relevant to the petitioner, since you state you are the beneficiary, it's relevant to your spouse.

#15 is this relating to me as the beneficiary if I am currently employed? Yes

#17 Am I listing the name of my spouse and his children? Your spouse's name, and any children YOU have go here.

So my question is: should I have my visa and passport changed prior to the filing of my I-130 application to reflect my name?

That's up to you.

[JoannaV 174]

14b in Part B? That refers to the petitioner, ie the US resident/citizen, and you ONLY complete question 14 parts a and b if the petitioner is a US permanent resident and NOT a US citizen.

Question 15 is indeed asking about the beneficiary ie the foreigner ie you.

Question 17 you list YOUR (the beneficiary) spouse and children. So you will list your husband, ie the petitioner (yes, even though they already know he is your spouse.) Only list children if they are YOUR children. They are not interested in the petitioner's children.

[Navyk 78]

In part B of I-130, all the left hand side questions are for the Petitioner (US Citizen or US Permanent Resident) and the right hand side questions are for the Beneficiary (the Foreign Spouse).

And the question 14 is for the Petitioner who is just Permanent Resident. So for 14B, you need to answer if you are a US Permanent Resident and you need to aswer "Yes" if you got that status through a marraige (earlier marraige) to a US Citizen or US Permanent Resident else the answer is "No".

Question 15 is for the Foreign Spouse - enter the details of his/ her present (current) employment, if any.

Question 17 is in section C of I-130 and all the answers are pertaining to the Foreign Spouse. Here list Petition and all the children of the Beneficiary (these are all the relatives of the Foreign Spouse.

Keep the Surname same as the Surname is the passport and you can get the Maiden name changed later. Else you will have to get the name on the passport changed to your new surname. The decision is based on which is easy. I my case it is easy to get my spouse's surname changed later after coming to US.

Hope this helps.

[pushbrk 13,272]

14b in Part B? That refers to the petitioner, ie the US resident/citizen, and you ONLY complete question 14 parts a and b if the petitioner is a US permanent resident and NOT a US citizen.

Question 15 is indeed asking about the beneficiary ie the foreigner ie you.

Question 17 you list YOUR (the beneficiary) spouse and children. So you will list your husband, ie the petitioner (yes, even though they already know he is your spouse.) Only list children if they are YOUR children. They are not interested in the petitioner's children.

Lots of potentially confusing pronouns. It's best to think of the I-130 as the US Citizen's petition. The foreigner is the alien relative. Everything on the left side of page one is about the US Citizen and the right side about the foreigner. That said, the answers above are correct but question 15 is N/A unless the foreigner is currently working in the USA. Instead of saying "you will list your husband and your children, I would say the petitioner will list himself and his foreign spouse's children. The US Citizen petitioner IS the alien relative's spouse, when filing for a spouse.

[JoLingcm 0]

Thanks to all who answered. Responses are much appreciated.

[MrMath 1]

Wha, thank you for this thread! I had listed my (foreign) spouse in question 17 and filed the form away. I'm glad I haven't submitted yet. Thank you thank you!

Eric.

[JoLingcm 0]

Hi Fellow VJ'ers....

Do you know if anything has changed while filing for the I-130 inside the USA? I'm reading the Step-by-Step guide here on VJ now.

I guess my concerns is that I'll be entering the US on my current tourist visa and we'll begin the process however my I-94 card is only valid for a 3 month entry. Will this be an issue?

Also, would it be a safe bet for me to file the I-765 & I-131 at the same with the I-485 ; as I would want the option of being able to seek employment.

Any and all assistance is greatly appreciated.

Thanks!

[pushbrk 13,272]

Hi Fellow VJ'ers....

Do you know if anything has changed while filing for the I-130 inside the USA? I'm reading the Step-by-Step guide here on VJ now.

I guess my concerns is that I'll be entering the US on my current tourist visa and we'll begin the process however my I-94 card is only valid for a 3 month entry. Will this be an issue?

Also, would it be a safe bet for me to file the I-765 & I-131 at the same with the I-485 ; as I would want the option of being able to seek employment.

Any and all assistance is greatly appreciated.

Thanks!

What you describe above is fraud. You intend to use a tourist visa to enter and immigrate. That's not how a spouse VISA process works. The US Citizen can file the petition while you're visiting but you must not overstay your allowed visit. You return to your country of citizenship or residence to complete the visa process. The I-765, I-485 and I-131 are used to adjust status. CR1 visa holders do not adjust status.

[JoLingcm 0]

Dear Pushbrk,

Appreciate your reply hence the reason why I asked the question(s) in the first place!!

At least now I know we cannot go that route as it's not applicable for CR-1's.