I-130 for my mother - question 45

[SilverLake 40]

Hello Visa Journey members!

 

I'm a USC filing I-130 for my mom and I'm stuck at question 45 on form I-130.

It's asking "Was the beneficiary EVER in the United States?"

My mom has been to the US twice in the past on tourist visa. She never overstayed. She IS NOT IN the US right now when I'm filling out form I-130 for her.

Do I answer "YES" or "NO" to question 45? I'd say "YES", but then it goes on and asks about "Class of Admission", "Form I-94", "When does the authorized stay expired"... as if my mom is in the US right now.

It also asks "At which USCIS office will the beneficiary apply for adjustment of status to lawful permanent resident?" -> this question makes me think that they are thinking my mom is staying in the US right now if I answer YES to question 45.

 

It would be greatly appreciated if you can guide me through this section of the form.

 

Thanks in advance.

 

 

[NancyNguyen 1,657]

Yes is the answer.

 

class of admission: B2

 

You can use her information to request for i-94.

 

“At which office” = N/A

[SusieQQQ 11,586]

1 hour ago, SilverLake said:

Hello Visa Journey members!

 

I'm a USC filing I-130 for my mom and I'm stuck at question 45 on form I-130.

It's asking "Was the beneficiary EVER in the United States?"

My mom has been to the US twice in the past on tourist visa. She never overstayed. She IS NOT IN the US right now when I'm filling out form I-130 for her.

Do I answer "YES" or "NO" to question 45? I'd say "YES", but then it goes on and asks about "Class of Admission", "Form I-94", "When does the authorized stay expired"... as if my mom is in the US right now.

It also asks "At which USCIS office will the beneficiary apply for adjustment of status to lawful permanent resident?" -> this question makes me think that they are thinking my mom is staying in the US right now if I answer YES to question 45.

 

It would be greatly appreciated if you can guide me through this section of the form.

 

Thanks in advance.

 

 

It sounds like you are actually trying to answer question 46 (45 is only yes/no), which says “If the beneficiary is currently in the United States, complete Items Numbers 46.a. - 46.d.“  So those are not applicable to you.

Edited July 1, 2020 by SusieQQQ

[SilverLake 40]

6 minutes ago, SusieQQQ said:

It sounds like you are actually trying to answer question 46 (45 is only yes/no), which says “If the beneficiary is currently in the United States, complete Items Numbers 46.a. - 46.d.“  So those are not applicable to you.

Thanks SusieQQ, but I’m filing online, so after I chose YES for question 45, it took me to those questions in section 46 without saying “If the beneficiary is currently in the United States, complete...” 

Should I just leave those blank? I tried leaving them blank but it gave me the red alarm thing that made me nervous.

[SilverLake 40]

41 minutes ago, NancyNguyen said:

Yes is the answer.

 

class of admission: B2

 

You can use her information to request for i-94.

 

“At which office” = N/A

Thank you! I’m just worried that giving the answers regarding her visa and i-94, USCIS might misunderstand  them and thinks my mom overstayed because her visa has long expired (she went back to Vietnam way before it was expired though). 

 

 

Edited July 2, 2020 by SilverLake

[SusieQQQ 11,586]

32 minutes ago, SilverLake said:

Thanks SusieQQ, but I’m filing online, so after I chose YES for question 45, it took me to those questions in section 46 without saying “If the beneficiary is currently in the United States, complete...” 

Should I just leave those blank? I tried leaving them blank but it gave me the red alarm thing that made me nervous.

Yeah USCIS always says don’t leave anything blank, either wrote none or n/a as appropriate. Sorry don’t know about the online form progression, I was checking the paper version.