I-130/1-310a Questions

[GoingTheDistance2 7]

Hi all —

 

My fiancée (UK citizen) and I (US citizen) are going to get married in early October - so that we can submit the CR-1 application quickly, we’re working on putting together our initial package now and had a few questions.

 

My fiancée has previously lived in the US on L2 and J1 visas.  We don’t see anywhere in the I-130/I-130a forms where we would disclose this - is that correct?  

 

My fiancée worked for Company A that was acquired by Company B, where she still works.  Company B considers her to have worked at B since she started at A - should we use the A start date for questions on her employment?

 

When my fiancée was previously living in the US on a J1, she lived with me for ~2 weeks after her lease ended before moving back to the UK (her Visa was valid the entire time).  When filling out her history of residences, should we put my address for the ~2 weeks she stayed with me?  It was more of a “visit” than a “living arrangement,” but otherwise there would be a gap.

 

My fiancée is planning to change her name when we marry, but her passport will remain under her maiden name until she gets a new one.  From reading other threads here, it sounds like that’s not a challenge - she’d just travel under her maiden name / use that passport, but we’d write her new name throughout the I-130 and I-130a forms.

 

My fiancée passport expires around the time we’d expect to complete the CR-1 process.  Is there a minimum amount of time needed on the passport when applying for the CR-1?  Is it easy to shift to a renewed/new passport once her current one expires?

 

Thank you in advance for your help here!

 

[Xyrstine 224]

I think you are overcomplicating the forms. Just fill out what is asked. 

 

I wouldn't consider anywhere "residence" if I visited somewhere including month long visits. However it's up to you whether to add it or not if her lease ended and to avoid gap in residence. As for the jobs- just do it how you would a resume, so indicate started at Company A then B when she transferred to there especially if it's a different role or location. 

 

The passport can be renewed during the process but you will need a passport with 6 months date for when you reach the interview stage, if I am correct. It will be towards the end of the process though so would work with your plans, especially if you wish to use the new surname. People renew their passports all the time during these processes. It just needs to be valid for when the immigrant is ready for the move. Not sure if that is NVC stage or the interview stage exactly.

 

Good luck.

Edited September 6, 2020 by Xyrstine

[HRQX 4,145]

3 hours ago, GoingTheDistance2 said:

we’re working on putting together our initial package now and had a few questions.

It's easier to do it online. You fill out and submit I-130 petition: https://www.uscis.gov/i-130

Eventually it's going to ask you: "For whom are you filing this petition? Select the relationship the beneficiary has to you (e.g., if the beneficiary is your parent, select "Parent")." When you select "Spouse" it says the following:

You selected you are petitioning for a spouse

You will need to upload the Supplemental Information for Spouse Beneficiary (I-130A) as a part of the evidence for this application.

 

 

 

Since she is currently outside of the US she doesn't have to sign I-130A supplement, but it still needs to be uploaded by you. Later in the Evidence upload section:

Supplemental Information for Spouse Beneficiary (I-130A)

If you are filing for your spouse, he or she must complete and sign Supplemental Information for Spouse Beneficiary (I-130A). If your spouse is overseas, the I-130A must still be completed, but your spouse does not have to sign the I-130A.

 

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