Stuck at one section (online i130 application)

[helplessXRomantic 0]

Hi dear people of visajourney, I'm having problem with one section of my form. We are stuck at this one question (submitting I-130 online)

I am submitting I130 for my morrocon husband who lives outside of the usa.

He came to the USA on an F1 visa for 4 months. He left the USA at the end of his school. He is now in his country.

 

I answer "YES" to question if he was even in the usa. I entered his most recent entry etc.

There is a question "When does the beneficiary's authorized stay expire?"

His I-94 does not have a date. It shows "D/S" for his duration of stay. 

His I-20 expires in 2024 (he completed his school early and left) but his I20 is terminated after he requested after he left the usa.

 

He is back in his country now and we got married in morroco. He left the USA in May 2023. They terminated his I20 in June 2023 after he left the USA.

 

What should I enter here? Should I leave it blank? It is forcing me to enter a date. Should I enter the day he left the USA? or his visa expiry date(which is 2024)

Some people said, this section only applies to people who are already in the USA. My husband came with F1 and left the USA but his visa is still valid even though his I20 was terminated by his request.

 

What should I enter here, i can't afford lawyers to ask but i don't want to get delays because of this.

Any help is much appreciated.

[Dashinka 24,493]

I would think the date he finished school and left the US would be the appropriate date here.

 

Good Luck!

[Mike E 11,739]

2 hours ago, helplessXRomantic said:

I answer "YES" to question if he was even in the usa.

The paper form asks if he is currently inside the U.S. Only if he is are these answers required:

2 hours ago, helplessXRomantic said:

There is a question "When does the beneficiary's authorized stay expire?"

 

 

[helplessXRomantic 0]

5 hours ago, Mike E said:

The paper form asks if he is currently inside the U.S. Only if he is are these answers required:

 

thank you mike for reply but can you show where it says i need to answer this only if he is in the usa? I am submitting the form online, and i didn't see a note like that. 

I hope i'm not missing something thank you if you can reply again

[pushbrk 12,881]

25 minutes ago, helplessXRomantic said:

thank you mike for reply but can you show where it says i need to answer this only if he is in the usa? I am submitting the form online, and i didn't see a note like that. 

I hope i'm not missing something thank you if you can reply again

The paper form indicates this clearly between your yes answer and the following questions.  You are reading a question asked in the present tense.  In the present tense, he has no "stay" to expire.

 

If the online form is NOT clear about this, then it is just another of many glitches in the form.

Edited September 7, 2023 by pushbrk

[Mike E 11,739]

2 hours ago, helplessXRomantic said:

thank you mike for reply but can you show where it says i need to answer this only if he is in the usa? I am submitting the form online, and i didn't see a note like that. 

I hope i'm not missing something thank you if you can reply again

 

Beneficiary's Entry Information

45. Was the beneficiary EVER in the United States?

Yes No

If the beneficiary is currently in the United States, complete

Items Numbers 46.a. - 46.d.

46.a. He or she arrived as a (Class of Admission):

46.b. Form I-94 Arrival-Departure Record Number

46.c. Date of Arrival (mm/dd/yyyy)

48. d. Date authorized stay expired, or will expire, as shown on Form I-94 or Form I-95 (mm/dd/yyyy) or' be or print
"D/S" for Duration of Status

 

It could not be any clearer.

[helplessXRomantic 0]

14 hours ago, Mike E said:

 

Beneficiary's Entry Information

45. Was the beneficiary EVER in the United States?

Yes No

If the beneficiary is currently in the United States, complete

Items Numbers 46.a. - 46.d.

46.a. He or she arrived as a (Class of Admission):

46.b. Form I-94 Arrival-Departure Record Number

46.c. Date of Arrival (mm/dd/yyyy)

48. d. Date authorized stay expired, or will expire, as shown on Form I-94 or Form I-95 (mm/dd/yyyy) or' be or print
"D/S" for Duration of Status

 

It could not be any clearer.

thanks it is clear but where are these instructions? i can't see it here (I130 instructions PDF) https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf

can you please share the source of these instructions?

[Mike E 11,739]

9 minutes ago, helplessXRomantic said:

thanks it is clear but where are these instructions? i can't see it here (I130 instructions PDF) https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf

can you please share the source of these instructions?

https://www.uscis.gov/sites/default/files/document/forms/i-130.pdf

[helplessXRomantic 0]

@Mike E @Dashinka @pushbrk I actually saw those notes. they are on the actual paper form.. it is really confusing and tricky online because it REALLY looks like these questions apply to you when filing online. But on paper, it clearly says, fill these if beneficiary is currently in the usa.

 

i have anxiety so if you can help me.. if i leave these empty online by following paper form instructions, do you think i will get RFE? 

I will answer "yes" to "was beneficiary ever been in the usa" 

 

thank you for your patience and guidance. 

[Mike E 11,739]

5 minutes ago, helplessXRomantic said:

i have anxiety so if you can help me.. if i leave these empty online by following paper form instructions, do you think i will get RFE? 

Let’s see screen shots of what you are seeing.

[pushbrk 12,881]

9 hours ago, helplessXRomantic said:

@Mike E @Dashinka @pushbrk I actually saw those notes. they are on the actual paper form.. it is really confusing and tricky online because it REALLY looks like these questions apply to you when filing online. But on paper, it clearly says, fill these if beneficiary is currently in the usa.

 

i have anxiety so if you can help me.. if i leave these empty online by following paper form instructions, do you think i will get RFE? 

I will answer "yes" to "was beneficiary ever been in the usa" 

 

thank you for your patience and guidance. 

I too would like to see the screen shots, but no, you would not get an RFE for leaving those blank.

[helplessXRomantic 0]

On 9/8/2023 at 8:10 PM, pushbrk said:

I too would like to see the screen shots, but no, you would not get an RFE for leaving those blank.

 

On 9/8/2023 at 10:29 AM, Mike E said:

Let’s see screen shots of what you are seeing.

 

Here is the screenshot. My wife is NOT in the USA. She WAS for a while and she left. She has I-94 record, date of entry but she doesn't have expiry date of stay. She has class of admission as F1.

Paper form says "fill these fields if she is in the usa" but online form doesn't have this instructions. 

 

I left these empty even though I answered the question "was the beneficiary ever been in the usa" as "yes"

do you think this will be a problem? I just don't want to fill these best of my knowledge and make them think my wife is in the usa. 

Or leave it blank and make it look like i didn't answer questions.

 

I just want this process to go easy without delays. Again your help is appreciated. any thoughts?

Is it ok if I leave these fields empty?

 

Thank you both for helping.

[Chancy 6,241]

28 minutes ago, helplessXRomantic said:

I left these empty even though I answered the question "was the beneficiary ever been in the usa" as "yes"

 

We also answered "Yes" to "Was the beneficiary EVER in the United States?"  For "Form I-94 Arrival-Departure Record Number", we entered "Not applicable - not in USA".  Then we left the rest of the questions on that web page blank.  Our I-130 was approved, no RFE.

 

To avoid delaying your case, make sure to answer the next section (re: adjustment of status) correctly.  Double- or triple-check.  The answers for "The beneficiary is in the United States and will apply for adjustment of status" should be left blank or enter "Not applicable".  Then select the consulate city/province/country in the next section.

 

[top_secret 2,417]

On 9/8/2023 at 7:23 AM, helplessXRomantic said:

 if i leave these empty online by following paper form instructions, do you think i will get RFE? 

I will answer "yes" to "was beneficiary ever been in the usa" 

 

Before you submit you can and should review the filled pdf I-130 it creates from your answers to the online questions.  If anything in the actual filled pdf I-130 differs from what it should be on a paper I-130, it's best to go back and review what ever question fills that particular answer and change it until the filled pdf I-130 matches what a paper one would be.

[pushbrk 12,881]

5 hours ago, helplessXRomantic said:

 

 

Here is the screenshot. My wife is NOT in the USA. She WAS for a while and she left. She has I-94 record, date of entry but she doesn't have expiry date of stay. She has class of admission as F1.

Paper form says "fill these fields if she is in the usa" but online form doesn't have this instructions. 

 

I left these empty even though I answered the question "was the beneficiary ever been in the usa" as "yes"

do you think this will be a problem? I just don't want to fill these best of my knowledge and make them think my wife is in the usa. 

Or leave it blank and make it look like i didn't answer questions.

 

I just want this process to go easy without delays. Again your help is appreciated. any thoughts?

Is it ok if I leave these fields empty?

 

Thank you both for helping.

Any applicable instruction would have been on the previous page.  Just leave it blank if you can.