Form I-130 Questions

[cesofd 9]

For the form I-130, Part C, Number 14 "If your relative is currently in the US, complete the following:"

My wife is here visiting me for vacation under a VWP? Would that be an issue?

Part C, Number 17 "List spouse and all children of you relative"

Do I just list my wife's full name only, she does not have any children.

Part C, Number 22 "Complete the information below if your relative is in the United States and will apply for adjustment of Status"

Do I put N/A on the left. And on the right it says "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"

List the country that currently lives in?

[3rd 84]

Part C 14 says it right there on the form, "Visitor".

Part C 17 As this question is asking about your wife's spouse and children, your full name would go in there along with all your relevant information such as DOB and country of birth..

Part C 22 You already said that she's in the United States with you so you need to put your local USCIS office there (this will be where your interview will be held), and then you'll need to put your wife's USCIS office in her home country. The reason they ask for the second part is if you get refused AOS and this will be the office you'll need to file for a visa from home.

[Ryan H 3,812]

Part C 22 You already said that she's in the United States with you so you need to put your local USCIS office there (this will be where your interview will be held), and then you'll need to put your wife's USCIS office in her home country. The reason they ask for the second part is if you get refused AOS and this will be the office you'll need to file for a visa from home.

OP, the above is not correct for your case; just write the country and the applicable Embassy or Consulate on the two right lines.

[pushbrk 12,882]

Just a second to the above. For a visa case, you list only the city and country where the immigrant visa interview will be held. That is where the immigrant visa will be "applied for". I would enter N/A in the city and state of the local office, because they are not applicable to a visa case.

[3rd 84]

We did AOS from VWP too and entered my home country to the right and never got an RFE.

[newacct 688]

OP, is your wife planning on doing Adjustment of Status in the US, or Consular Processing in her home country? You posted in the immigrant visa forum, so some people assumed she is doing CP, but you never explicitly stated so.

[JFH 12,190]

We did AOS from VWP too and entered my home country to the right and never got an RFE.

He said his wife is currently in the US on vacation from her home country. She is planning to go back, by all accounts. That's why he said vacation.

It is possible to visit under VWP and go home after the visit during this process. Not everyone changes their mind and decides to stay...

OP, put the city and country where the US embassy is in her home country (e.g. London, United Kingdom or Paris, France or wherever she's from).

Edited May 18, 2016 by JFH

[3rd 84]

He said his wife is currently in the US on vacation from her home country. She is planning to go back, by all accounts. That's why he said vacation.

It is possible to visit under VWP and go home after the visit during this process. Not everyone changes their mind and decides to stay...

OP, put the city and country where the US embassy is in her home country (e.g. London, United Kingdom or Paris, France or wherever she's from).

That's fine, I just assumed by the way he was wording things that she was adjusting in the US.

Never in a million years would I have stayed until our circumstances changed. I didn't even think marriage was on the table until he suggested it. I had a great job, family that I love, a car I was financing. It wasn't easy, and think it's unfair to make a judgment because I adjusted status from the VWP. It doesn't make me a bad person... ):

[cesofd 9]

Thanks everyone for all your input. But yes she will be returning to her home country in a few weeks and she will be doing the Consular Processing there.

[pushbrk 12,882]

We did AOS from VWP too and entered my home country to the right and never got an RFE.

There are lots of common errors USCIS simply ignores. The most common is entering the wrong name at C17. If you checked spouse at the top, they know your alien relative is married to you, not themselves.

[Ryan H 3,812]

Off topic post removed.

[AstroCanada 206]

There are lots of common errors USCIS simply ignores. The most common is entering the wrong name at C17. If you checked spouse at the top, they know your alien relative is married to you, not themselves.

Yep, I made that error on my first pass filling out the form. It's a bit confusing because it's on a new page, but it's still information about the beneficiary.

The OP's question is indeed about one of the most confusing parts of the form. It would appear not to apply for someone who won't adjust status while in the US; however, I've seen several example forms on the web where it is filled out anyway. Let's hope they're not picky about the confusing bits.