F2A - help with I-130

[Athena June 37]

Hi all,

I have been reading this forum since getting engaged in 2009 and thought I would be ready to fill out our I-130 when the time comes... Yesterday my husband - a permanent resident - and I started working on the forms and realized that we do have a few questions - would anyone be able to help with the following:

1) The I-130 form currently available on the USCIS website has an expiration date of 31 January 2011. Since there is no more recent form, I take it that we should just use this one anyway?

2) Question 14 for the petitioner (my husband): 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.

My husband received his green card three years ago after adjusting status from an H1B visa. We know his class of admission and the date, but what would be the place? There was no interview, but he got his fingerprints done in Boston - would we write Boston as the place of adjustment to lawful permanent residence, or the town where he lives?

3) Question 14 for the beneficiary (me): If your relative is currently in the US, complete the following [--].

I am currently in the US - arrived at the beginning of June under VWP, got married and honeymooned here, and I am leaving this Saturday. However, the form asks for the number of my I-94 record, which I don't have - it seems that with ESTA this has been abolished. Is it OK to leave this blank? Or would it be safer for my husband to send the petition next week after I have left the country?

4) Question 21: If filing for husband/wife, give last address at which you lived together.

Does the fact that I have been staying with my husband since the beginning of June (with a three-week honeymoon in between) count as living together in this form, i.e. should we write his current address here? We have had a long distance relationship for years and keep visiting each other, but have never officially lived together.

5) We will attach our marriage certificate, a letter from our bank showing that we have a shared bank account and photos from our wedding and honeymoon to the petition. Is this sufficient at this stage, or should we have further proof of a bona fide relationship?

Many thanks in advance for any help!!!

[Athena June 37]

Oops, I feel like such an idiot: the USCIS website actually says that they continue to accept the 11/23/10 edition of Form I-130 even though the expiration date has passed. Sorry!

You can also ignore my question No 3, as it seems we'll only have the package ready next week anyway. In addition, some of our friends who also attended our wedding have agreed to write affidavits so we'll have some additional evidence of our relationship. However, would anyone have any idea how we should answer the question on the I-130 form regarding the place where my husband adjusted status? What have others done?

[ljmp_10 105]

Hi! I'll try to answer your questions, but i'll base it on my ongoing F2A petition. So others can still give their advise.

1) The I-130 form currently available on the USCIS website has an expiration date of 31 January 2011. Since there is no more recent form, I take it that we should just use this one anyway? Still acceptable.

2) Question 14 for the petitioner (my husband): 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.

My husband received his green card three years ago after adjusting status from an H1B visa. We know his class of admission and the date, but what would be the place? There was no interview, but he got his fingerprints done in Boston - would we write Boston as the place of adjustment to lawful permanent residence, or the town where he lives? For the place, it will be the place where he was adjusted as permanent resident.

3) Question 14 for the beneficiary (me): If your relative is currently in the US, complete the following [--].

I am currently in the US - arrived at the beginning of June under VWP, got married and honeymooned here, and I am leaving this Saturday. However, the form asks for the number of my I-94 record, which I don't have - it seems that with ESTA this has been abolished. Is it OK to leave this blank? Or would it be safer for my husband to send the petition next week after I have left the country? I think it is better to submit it after you leave. So that you will not have any problems. Dont leave any number blank. You can write N/A or None if necessary.

4) Question 21: If filing for husband/wife, give last address at which you lived together.

Does the fact that I have been staying with my husband since the beginning of June (with a three-week honeymoon in between) count as living together in this form, i.e. should we write his current address here? We have had a long distance relationship for years and keep visiting each other, but have never officially lived together. I dont know what will be the answer here. In my case, since I am in the Philippines, and got married on Oct 25, 2006, I put under this number my address in the Phils and date is the date of our marriage up to his last homevisit here. So I put FROM: Oct25, 2006 up to Nov.10, 2010. Note: He only visits me once in a while, so that date is not continuous.

5) We will attach our marriage certificate, a letter from our bank showing that we have a shared bank account and photos from our wedding and honeymoon to the petition. Is this sufficient at this stage, or should we have further proof of a bona fide relationship?

Those are enough i guess.

Hope this one helps! Goodluck!

[Athena June 37]

Thank you! We hope to be able to send our petition tomorrow - my husband should be receiving one more affidavit from a friend today, and then we are ready to send it off.

Good luck with your case! I am happy that the visa bulletin seems to me moving several months at a time, hoping that it won't take years and years for 2011 priority dates to become current.