Hi there...need help filling out form i-130

[mfo232 0]

Hello everybody! I'm new to this site.and after browsing around, I still have a few questions on how to correctly fill out form i-130. Hopefully, someone will be able to help me.

A little background first: my husband is a naturalized US citizen (december 2015) and I am an H-1B holder (July 2015). I moved to the US in July 2007 on an F-1 visa. In June 2010, I went home for a short vacation and came back 3 weeks later to complete my PhD. I have stayed in the US since then on F-1 OPT (Feb 2013 to Feb 2014) and later on, F-1 OPT STEM (Feb 2014 to July 2015).

Now, my questions regarding form i-130:

1) Part C, Question 14: "If your relative is currently in the US, complete the following: Date arrived?" Should we write July 2007 or June 2010?

2) Part C, Question 14: Date authorized stay expired or will expire, as shown on form i-94 or i-95? I'm guessing it is the date written on the new i-94 i.e expiration date of H-1B visa. Am I correct?

3) Part C, Question 19: "Your relative's address abroad" We wrote "none". Is this correct?

4) Part C, Question 22: "Complete the information below is your relative is in the US and will apply for adjustment of status. Your relative is in the US and will apply for adjustment of status to that of a lawful permanent resident USCIS office in" We wrote "Chicago, IL". However, it follows as: "if your relative is not eligible for adjustment of status, he or she will apply for a visa abroad at the american consular post in". Does this apply to us? or should we just write in "N/A"

I hope this all makes sense.

Thank you in advance for your help.

[newacct 688]

1) Part C, Question 14: "If your relative is currently in the US, complete the following: Date arrived?" Should we write July 2007 or June 2010?

June 2010

2) Part C, Question 14: Date authorized stay expired or will expire, as shown on form i-94 or i-95? I'm guessing it is the date written on the new i-94 i.e expiration date of H-1B visa. Am I correct?

Visa and I-94 are completely different. You couldn't have an H1b visa now, since you did Change of Status in the US and never left the US afterwards. When your Change of Status was approved, with the approval they should have attached a paper I-94.

3) Part C, Question 19: "Your relative's address abroad" We wrote "none". Is this correct?

Yes

4) Part C, Question 22: "Complete the information below is your relative is in the US and will apply for adjustment of status. Your relative is in the US and will apply for adjustment of status to that of a lawful permanent resident USCIS office in" We wrote "Chicago, IL".

No, you put the USCIS field office that covers your location.

However, it follows as: "if your relative is not eligible for adjustment of status, he or she will apply for a visa abroad at the american consular post in". Does this apply to us? or should we just write in "N/A"

Yes, put N/A, since you are eligible for AOS.

[mfo232 0]

newacct,

Thank you for your prompt reply. I appreciate it.

[NikLR 13,232]

Are you doing consular processing or adjusting your status?

Edited March 8, 2016 by NLR

[mfo232 0]

Hi NLR,

I am not sure what you are asking about (sorry, I'm still very new at this! ), but my husband will be filling form i-130 on my behalf and I will file form i-145 to adjust my status to permanent resident. We will send both applications together at the Chicago Lockbox.

[NikLR 13,232]

You posted in the wrong forum. No worries, I'll move it. Fyi the form is I-485.

~~moved to AOS from W,T&S visas from IR1/CR1 process and procedures~~