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Posted

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.

Our Timeline:-

10Dec10: Met online and began communicating

27Jan11: Dee to USA (our 1st visit). Became Official as a couple.

19Feb11: Dee to USA (Mike's Vday surprise gift)

14Mar11: Mike to Cayman (surprise visit)

21Apr11: Dee to USA

19May11: Mike to Cayman

20May11: MARRIED!!

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

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.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Posted

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.

Filed: Citizen (apr) Country: India
Timeline
Posted

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.

USA

01/08/13 - Approved and GC is order for production on 1/8/14

09/12/13 - Case transferred to CSC. NOA2 received on 09/18/13

08/30/13 - Biometrics Done - No walk ins allowed at this LSC (received on 8/16/13).

08/05/13 - NOA1 (received on 08/10/13)

08/01/13 - Mailed I-751 (received on 8/2/13 - check cashed on 8/5/13)

12/28/11 - Received SSN (applied on 12/20/11, as we didn't get based on DS-230 options)
11/28/11 - Received Green Card (Expires on 10/30/13) - Welcome Letter on 11/17/11
10/30/11 - POE - Houston, TX

Chennai Consulate (40 days)
10/28/11 - Received Visa papers and Passport at VFS
10/25/11 - Interview Cleared Successfully (Spouse was not allowed in)

NVC: (90 days from NOA2 to Consulate)
08/31/11 - Case Completed (Interview 10/25/11) - Received at Chennai on 09/19/11
07/22/11 - NVC Case Number

USCIS: (92 days)

6/21/11 - NOA2 (NOA1 on 3/25/11) - took a month to get to NVC
3/21/11 - I-130 sent to USCIS Lockbox, Chicago.

Filed: Other Country: China
Timeline
Posted

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.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

  • 2 weeks later...
Posted

Thanks to all who answered. Responses are much appreciated.

Our Timeline:-

10Dec10: Met online and began communicating

27Jan11: Dee to USA (our 1st visit). Became Official as a couple.

19Feb11: Dee to USA (Mike's Vday surprise gift)

14Mar11: Mike to Cayman (surprise visit)

21Apr11: Dee to USA

19May11: Mike to Cayman

20May11: MARRIED!!

Posted

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!

Our Timeline:-

10Dec10: Met online and began communicating

27Jan11: Dee to USA (our 1st visit). Became Official as a couple.

19Feb11: Dee to USA (Mike's Vday surprise gift)

14Mar11: Mike to Cayman (surprise visit)

21Apr11: Dee to USA

19May11: Mike to Cayman

20May11: MARRIED!!

Filed: Other Country: China
Timeline
Posted

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.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Posted

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.

Our Timeline:-

10Dec10: Met online and began communicating

27Jan11: Dee to USA (our 1st visit). Became Official as a couple.

19Feb11: Dee to USA (Mike's Vday surprise gift)

14Mar11: Mike to Cayman (surprise visit)

21Apr11: Dee to USA

19May11: Mike to Cayman

20May11: MARRIED!!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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