I-130 section C and I-485 3A

[meaganb 2]

Hi All,

We are filling out our I-130 and are stumped on a few questions, and are hoping you all can help out. For reference, I am the foreign spouse, and my husband is the USC. I arrived as a J1, category specialist, and we were married last month. I am not subject to the 2-year home residency rule.

Questions:

1. On form I-130, section C, question #14: He or she arrived as a: ____________________ ...... I arrived, from Canada, on a J1 visa, to work as a specialist for a non-profit. My category on my J1 is "specialist". Do I write "J1 Specialist" in this section? The computer Pdf version of the i130 will not allow me to type "J1" so, should we print it and fill this question in by hand?

2. On form I-130, section C, question #21: Give last address at which you and your spouse lived together ..... My USC spouse and I live together in the US currently. However, same problem here, I cannot type to: "present".. I can only type a numerical date. Should we print this form and fill this question by hand? Do we write "present"?

3. On form I-130, section C, question #19: Your relative's address abroad ..... Because I have been in the US temporarily (J1 is valid for 10 months) on my J1 visa, and had the intent to return to Canada when my J1 expired (10/2014), I have kept my Canadian driver's licence, car registration, health care card etc valid and updated. However, now that I am married to a USC, I intend to stay in the US. I do not, however, own my own home or pay rent to a residence in Canada. I have used my parents' address for all of my above mentioned Canadian documents.

As I do not have a true residence in Canada (it's my parents'), do I write "NONE" in this section, or do I write my parents' address that is on driver's licence, health card, car registration etc????

4. On form I-485, Part 3, section A

i) In what status did you last enter? .... again, what do I put here? Do I put: J1 Specialist? Or J1 Exchange Visitor? Or J1 Exchange Visitor, category Specialist?

ii) Nonimmigrant Visa Number: As I'm from Canada, the J1 isn't really a "visa", but a "status". I don't think I have a nonimmigrant visa number... do I?

iii) Date Visa Issued: Is this "n/a"? Same for "Consulate where visa was issued"?

Thanks a ton team!

Meagan

[NancyNguyen 1,657]

1. "J1 visa holder" is fine

2. Yes you can print and write down manually. Hybrid is okay.

3. You need at least an address overseas, your parent address is fine. You write NONE or N/A, they will have a difficult time to check your background.

4. J1 Visa holder. Your visa number is the RED number on US visa in your passport.

[meaganb 2]

1. "J1 visa holder" is fine

2. Yes you can print and write down manually. Hybrid is okay.

3. You need at least an address overseas, your parent address is fine. You write NONE or N/A, they will have a difficult time to check your background.

4. J1 Visa holder. Your visa number is the RED number on US visa in your passport.

Thanks Nancy for your reply.

for #4 above though, as a Canadian, I don't have a J1 visa in my passport. I have a DS 2019, and an I-94. J1 is processed at the border upon entry, DS 2019 is stamped and I-94 is given. It's not like other countries where one has to go the embassy to get the J1 ahead of time, so there is no actual "visa". Technically, my "status" is J1.

Thoughts?

[Harpa Timsah 13,258]

J1 is fine, you don't need to specify what subset of J you have. If you notice, the suggestions they give are generic, tourist, work, etc. They will figure it out, since they have all your info.

You can put N/A in address abroad.

[NancyNguyen 1,657]

Thanks Nancy for your reply.

for #4 above though, as a Canadian, I don't have a J1 visa in my passport. I have a DS 2019, and an I-94. J1 is processed at the border upon entry, DS 2019 is stamped and I-94 is given. It's not like other countries where one has to go the embassy to get the J1 ahead of time, so there is no actual "visa". Technically, my "status" is J1.

Thoughts?

N/A for visa number. Then date and Port Of Entry are answers concerned your J1 thingies. Copies of your I-94 and DS-2019 will verify your status when your AOS gets there.

Edited July 23, 2014 by NancyNguyen