i-130 need help online form questions

[songvicky 0]

Hey! I'm filling out the form online and I have a few questions as im helping my mom out in filling it out.

• It asked my mom if her mailing address was her current address and we put yes, then the next part was address history. we've lived in the same place for 6-7 years now, and the part where you put duration there is no option to put to PRESENT or anything, just an exact date. should i put today's date?
• my mom is retired, shes been retired for 6-7 years now, so in the employment history, she typed Retired in the name of employer field, however the dates are a problem again, should she put the dates from when she started retirement to present?
• i am a student so i wrote student in name of employer field and added the address of my university, would that be ok or should i take it out
• For this question: "At which USCIS office will the beneficiary apply for adjustment of status to lawful permanent resident?" do we have to file an I-485 on top of the I-130 we are filing?

[aleful 1,905]

hi

 

when you do adjustment of status, you shouldn't file the i130 online, there are a series of forms to send, all need paperwork,  so it's mailed

 

the forms are i130, i485, l864. i765, i131. also the i693 medical and vaccinations, some take it to the interview instead of mailing it because the medical expires

 

 

[songvicky 0]

5 minutes ago, aleful said:

hi

 

when you do adjustment of status, you shouldn't file the i130 online, there are a series of forms to send, all need paperwork,  so it's mailed

 

the forms are i130, i485, l864. i765, i131. also the i693 medical and vaccinations, some take it to the interview instead of mailing it because the medical expires

 

 

hi thanks for the reply! sorry i got confused with the form question i thought i needed to file for adjustment of status too, but i dont think i do.

[aleful 1,905]

hi

 

if your mom is here and entered legally, then it's adjustment of status

 

if not, then that question doesn't apply to your mom as she will go through consular processing,

 

 

[songvicky 0]

1 hour ago, aleful said:

hi

 

if your mom is here and entered legally, then it's adjustment of status

 

if not, then that question doesn't apply to your mom as she will go through consular processing,

 

 

oh sorry i forgot to mention n clarify in my post, i'm the beneficiary, she's the petitioning us citizen

[Chancy 6,243]

4 hours ago, songvicky said:

oh sorry i forgot to mention n clarify in my post, i'm the beneficiary, she's the petitioning us citizen

 

8 hours ago, songvicky said:

we've lived in the same place for 6-7 years now

 

Are you and your mom residing in the US now?  If not, has your mom maintained domicile in the US?

 

[songvicky 0]

2 hours ago, Chancy said:

 

 

Are you and your mom residing in the US now?  If not, has your mom maintained domicile in the US?

 

no we're both currently residing in the Philippines. i'm pretty sure she has maintained domicile as she comes back every year to fix her taxes and financial stuff

[SalishSea 18,117]

5 hours ago, songvicky said:

no we're both currently residing in the Philippines. i'm pretty sure she has maintained domicile as she comes back every year to fix her taxes and financial stuff

The problem is, that visa is for 'family reunification.'   If she is living abroad with you, there is no need to 'reunify,' is there?  You may run into troubles with this.

[aaron2020 11,651]

7 hours ago, songvicky said:

no we're both currently residing in the Philippines. i'm pretty sure she has maintained domicile as she comes back every year to fix her taxes and financial stuff

Domicile means where your mom regularly lives and intends to return to with brief absences.   If she regularly lives in the Philippines, then she will need to show that intends to reestablish a US domicile when it's time for you to get an immigration visa.

 

You will not be filing an I-485 since you are not adjusting status while in the US.  You are currently outside the US, so you will go through consular processing for an immigration visa.

 

How old are you?  When will you turn 21 years old?

[songvicky 0]

13 hours ago, aaron2020 said:

Domicile means where your mom regularly lives and intends to return to with brief absences.   If she regularly lives in the Philippines, then she will need to show that intends to reestablish a US domicile when it's time for you to get an immigration visa.

 

You will not be filing an I-485 since you are not adjusting status while in the US.  You are currently outside the US, so you will go through consular processing for an immigration visa.

 

How old are you?  When will you turn 21 years old?

I'm already older than 21. Yes, I read on maintaining domicile a bit, and i read that shes maintaining domicile if she has these:

• A voting record in the United States
• Records of paying U.S. state or local taxes
• Having property in the United States
• Maintaining bank or investment accounts in the United States
• Having a permanent mailing address in the United States

She has property in the states and she does pay her taxes.

Regarding the I-485, I just thought we'd have to since there was a question about it on the forms, but I'm clear on that now

[SusieQQQ 11,587]

2 hours ago, songvicky said:

I'm already older than 21. Yes, I read on maintaining domicile a bit, and i read that shes maintaining domicile if she has these:

• A voting record in the United States
• Records of paying U.S. state or local taxes
• Having property in the United States
• Maintaining bank or investment accounts in the United States
• Having a permanent mailing address in the United States

She has property in the states and she does pay her taxes.

Regarding the I-485, I just thought we'd have to since there was a question about it on the forms, but I'm clear on that now

If you are over 21 and she is only filing now, assuming you are unmarried, you will probably have around a 10 year wait for a visa, FYI. 

[aaron2020 11,651]

4 hours ago, songvicky said:

I'm already older than 21. Yes, I read on maintaining domicile a bit, and i read that shes maintaining domicile if she has these:

• A voting record in the United States
• Records of paying U.S. state or local taxes
• Having property in the United States
• Maintaining bank or investment accounts in the United States
• Having a permanent mailing address in the United States

She has property in the states and she does pay her taxes.

Regarding the I-485, I just thought we'd have to since there was a question about it on the forms, but I'm clear on that now

Since you are over 21 years old, it's going to take about 10 years for you to be eligible for an immigration visa.

 

Domicile is where your mother regularly lives.  It's where she intends to return to after brief absences.  What you cited is only indica of maintaining a domicile.  The US Embassy will look at a totality of the circumstances.  By your own words, you said that your mom and you live in the Philippines.