Questions for I-130 for my new wife

[mrtim81 0]

I met my wife here in July while she was here on Vacation. After I went to Italy for 2 weeks, and then she came back here to stay with me on Oct 5th. We decided to get married, and now we are trying to complete the forms needed. Right now I am working on the I-130.

She now lives here with me, but she is technically on a VWP that expires on Jan 5th 2013.

Ok, here goes...

For Section C, and question 2, should I put her address in Italy, or my address here in Ohio?

For Section C question 14, She never received an I-94. I wrote in that she came as a visitor, but I am unsure what to write for the Arrival/Departure record (which is the number from the I-94), Date arrived (Im assuming Oct 5th?), and the expiration date (which says its on the I-94 form).

At the bottom of the form it has spaces for, Initial receipt, resubmitted, relocated, rec'd, sent, completed, approved, denied, ret'd. Is this for use for USCIS or do i need to fill this stuff in?

For Section C question 19, this goes with question 2. I am not sure if I should put her address from abroad if she is now staying with me because question 21 asks about the last time we lived together, which is now. Technically she is just staying with me on a VWP and her address is in Italy, but she is and will continue to live with me. Should I put N/A on her address abroad, and put our Ohio address for question 2 and for question 21? or should I use her Italian address?

Other than that, I think I have everything else, but any advice is greatly appreciated, as I am nervous to submit the wrong information and this get rejected.

Thank you so much for any help you can provide.

-Tim Washburn

[TBoneTX 45,863]

*** Thread moved from "Bringing Family of USCs to America" forum to CR-1 Process forum -- OP is filing I-130 due to marriage. ***

[Alaska2012 462]

I met my wife here in July while she was here on Vacation. After I went to Italy for 2 weeks, and then she came back here to stay with me on Oct 5th. We decided to get married, and now we are trying to complete the forms needed. Right now I am working on the I-130.

She now lives here with me, but she is technically on a VWP that expires on Jan 5th 2013.

Ok, here goes...

For Section C, and question 2, should I put her address in Italy, or my address here in Ohio?

For Section C question 14, She never received an I-94. I wrote in that she came as a visitor, but I am unsure what to write for the Arrival/Departure record (which is the number from the I-94), Date arrived (Im assuming Oct 5th?), and the expiration date (which says its on the I-94 form).

At the bottom of the form it has spaces for, Initial receipt, resubmitted, relocated, rec'd, sent, completed, approved, denied, ret'd. Is this for use for USCIS or do i need to fill this stuff in?

For Section C question 19, this goes with question 2. I am not sure if I should put her address from abroad if she is now staying with me because question 21 asks about the last time we lived together, which is now. Technically she is just staying with me on a VWP and her address is in Italy, but she is and will continue to live with me. Should I put N/A on her address abroad, and put our Ohio address for question 2 and for question 21? or should I use her Italian address?

Other than that, I think I have everything else, but any advice is greatly appreciated, as I am nervous to submit the wrong information and this get rejected.

Thank you so much for any help you can provide.

-Tim Washburn

I don't really have any answers for you but I do have some questions. When she came over here, had you already decided to get married and to adjust her status from vwp or was it a spur of the moment kind of thing?

If you had it planned out in advance it will be considered fraud, so be very careful to how you fill out documents and also when you tell them about how it all went about.

Good luck to you and congrats on the marriage

[mrtim81 0]

I don't really have any answers for you but I do have some questions. When she came over here, had you already decided to get married and to adjust her status from vwp or was it a spur of the moment kind of thing?

If you had it planned out in advance it will be considered fraud, so be very careful to how you fill out documents and also when you tell them about how it all went about.

Good luck to you and congrats on the marriage

She came over so we could spend some time together. She was actually detained in Atlanta by the POE man. He called me and asked me a bunch of questions because she was just here in July. He let her through, but said the next time she would have to be married (Im guessing he was telling her this was the last time they were gonna let her in with a VWP). This obviously isnt why we married, but I thought it was interesting he would tell her that.

We got married pretty spur of the moment. Nothing was planned before hand...we even went to the US consulate in Columbus and talked to the officer about our options. The man told us we could marry here while she was on VWP, or we could do a fiance visa. The marriage here seemed like the best option for us as we did not want to be apart for the 4-7 months the visa takes to obtain.

I want to be honest with everything, as I do not think we are violating any immigration laws, I am just unsure of the exact information these questions are asking.

[pushbrk 13,043]

She came over so we could spend some time together. She was actually detained in Atlanta by the POE man. He called me and asked me a bunch of questions because she was just here in July. He let her through, but said the next time she would have to be married (Im guessing he was telling her this was the last time they were gonna let her in with a VWP). This obviously isnt why we married, but I thought it was interesting he would tell her that.

We got married pretty spur of the moment. Nothing was planned before hand...we even went to the US consulate in Columbus and talked to the officer about our options. The man told us we could marry here while she was on VWP, or we could do a fiance visa. The marriage here seemed like the best option for us as we did not want to be apart for the 4-7 months the visa takes to obtain.

I want to be honest with everything, as I do not think we are violating any immigration laws, I am just unsure of the exact information these questions are asking.

You seem very confused. There is no US Consulate in Columbus or any other place in the USA. If you are adjusting her status, put the address where she is now living. If you are pursuing a spouse visa, she is visiting, not living at YOUR address in the USA.

[ndu26 114]

the prt that has receved, resubmitted approved etc is for OFFICIAL USE only meaning for USCIS officials will fill out that part. Just a thought, the officer did not say "get married while you are here" but "you would have to be married to be allowed in". anyway just make sure you both have proof that getting married while she is on VWP was not done to with prior intent and regardless of how you look at it, it will still take you those number of months of more to complete this process whether you did it while she is in here out outsid cos either way, it is still an I-130

[pushbrk 13,043]

the prt that has receved, resubmitted approved etc is for OFFICIAL USE only meaning for USCIS officials will fill out that part. Just a thought, the officer did not say "get married while you are here" but "you would have to be married to be allowed in". anyway just make sure you both have proof that getting married while she is on VWP was not done to with prior intent and regardless of how you look at it, it will still take you those number of months of more to complete this process whether you did it while she is in here out outsid cos either way, it is still an I-130

This is irrelevant. The OP is confused about many things and you are confusing him further with wrong information. If anything the CBP agent would have indicated she needed a spouse visa or a fiance visa to enter again. If she attempted to enter again married without the spouse visa, she would be denied entry. Intent to marry on the VWP is not an issue, EVER, once you're in. Many people enter on the VWP, marry and leave. It's called, "destination marriage" for one thing. Once in, intent upon entry is not grounds to deny an adjustment of status for the spouse of a US Citizen. You are repeating misinformation that gets corrected here sometimes multiple times every day.

[mrtim81 0]

I am pursuing an I-130 and CoS because now we are married, and I want her to be able to live with me legally (travel, work, etc). Just to be clear, on the current address section, put her address in Italy? Also, does anyone have any idea what to use on the I-94 section?

Thanks again for all of the replies.

Tim

[pushbrk 13,043]

I am pursuing an I-130 and CoS because now we are married, and I want her to be able to live with me legally (travel, work, etc). Just to be clear, on the current address section, put her address in Italy? Also, does anyone have any idea what to use on the I-94 section?

Thanks again for all of the replies.

Tim

Never heard of a CoS. If you mean AOS, (Adjustment of Status from within the USA) put her address the same as yours. If you're pursuing a CR1 visa, put her address in Italy.