I-130 Questions Regarding Divorced Parent of US Citizen Adjusting Status in the USA

[Petition2252 7]

Background: The petitioner is filing I130 and I485 for a divorced parent (mother) who is on a valid visa and is currently in the US. The petitioner is not filling an I130 for any other family members. The parent is living with the petitioner and will complete the process while in the US. The below questions will reference the I130 PDF with an edition date of 07/20/21 and expires on 07/31/2024.

 

Form Filling Question

 

1. Does USCIS prefer ALL CAPS when filling out forms? If ALL CAPS are used, will that affect how legal names appear on future official documents?

 

Unanswered Questions:

 

These are questions I have not found the answer to.

 

 

1. Part 2, Questions 40a to 41, page 4/12 - "If you are a lawful permanent resident..."
   • The petitioner was an LPR but is now a US Citizen. Q: Should the petitioner answer "N/A"?
2. Part 4, Question 25a to 44, pages 6-7/12 - "Information About Beneficiary's Family"
   • The petitioner is the daughter of the beneficiary. Q: Does the petitioner list her "maiden name" or her "current" Family Name (Last Name)?
3. Part 4, Question 46d, page 7/12 - "Date authorized stay..."
   • The Visa is scheduled to expire before the date on the I-94 online form. Q: Is it better to list when the Visa is scheduled to expire, or the date of expiration of the I-94 online form?
4. Part 4, Question 58a to 58f, page 8/12 - Foreign Address in Foreign Alphebet
   • The foreign alphabet is Cyrillic. Since the beneficiary is living with the petitioner during the AOS, does the petitioner list this as N/A?

 

Unconfirmed Questions:

 

I found answers to the below questions, but need one more matching source for validation. Or found conflicting information and need confirmation.

 

1. Part 2, Question 28 to 29, Page 3/12 - "Information About Your Parents - City/Town/Village and Country of Residence"
   1. Parent 1 is the Beneficiary. Q: Since the beneficiary is living with the petitioner in the USA while on a valid visa and is establishing residency in the USA, does the petitioner put the beneficiary's foreign City and Country, or the current US city and USA as the country?
      1. Source 1 and Source 2 says to list the US City and Country. Source 3 says to list the foreign City and Country
2. Part 4, Question 19, Page 6/12 - "Date of current marriage (if currently married)"
   1. Q: Does the petitioner leave this "N/A" since the beneficiary is divorced?
      1. Source 1 covered widow(erd) but not divorce. Need verification.
3. Part 4, Question 20a to 20d, page 6/12 - "Place of Beneficiary's Current Marriage"
   1. Q: Does the petitioner leave this "N/A" since the beneficiary is divorced?
      1. Source 1 covered widow(erd) but not divorce. Need verification.

 

Questions I had answered:

 

Originally I was unsure how to answer. I found multiple sources to validate these questions. Please correct me if the answer is wrong.

 

1. Part 1, Question 2, Page 1/12 - "If you are filing this petition for your... parent..."
   1. Child in this case refers to the petitioner being the beneficiary's "Child". "Child was born to parents who were married..." is the best fitting answer. "Child" does not refer to any children the petitioner has.
      1. Source 1 and Source 2.
2. Part 2, Question 1, Page 1/12 - "A Number"
   1. Since the petitioner was an LPR in the past, enter the Alien Number, even though the petitioner is a US citizen now.
      1. Source 1, Source 2, and Source 3
3. Part 4, Questions 11a-13f, page 5/12 - "Beneficiary's Physical Address"
   1. Since the Beneficiary is living in the US during the I130 and AOS process put the US Address.
      1. Source 1, Source 2, and Source 3
4. Part 4, Questions 25a-44, pages 6-7/12 - "Information About Beneficiary's Family"
   1. No need to list ex-spouse in this area since they are no longer family.
      1. Source 1 and Source 2

 

As a side note, ChatGPT, Bard, and Bing Bot were not helpful at all... don't use them for reliable form-specific research.

 

 

i-130.pdf

[OldUser 6,635]

31 minutes ago, Petition2252 said:

Form Filling Question

 

1. Does USCIS prefer ALL CAPS when filling out forms? If ALL CAPS are used, will that affect how legal names appear on future official documents?

 

No, I don't believe USCIS prefers ALL CAPS. I filled my forms in ALL CAPS, no issues there. Green card and EAD had sentence case (e.g. just first letters in name capitalized), and not ALL CAPS.

[OldUser 6,635]

40 minutes ago, Petition2252 said:

 

1. Part 2, Questions 40a to 41, page 4/12 - "If you are a lawful permanent resident..."
   • The petitioner was an LPR but is now a US Citizen. Q: Should the petitioner answer "N/A"?

Yes, since petitioner is a US citizen in present then no need to provide details. It doesn't ask about the past at this point.

Edited September 25, 2023 by OldUser

[OldUser 6,635]

56 minutes ago, Petition2252 said:

 

1. Part 4, Question 25a to 44, pages 6-7/12 - "Information About Beneficiary's Family"
   • The petitioner is the daughter of the beneficiary. Q: Does the petitioner list her "maiden name" or her "current" Family Name (Last Name)?i-130.pdf

689.95 kB · 

Of course her current legal name.

There's separate sections for both petitioner and beneficiary, asking for Other Names used.

There you put all maiden names etc.

Edited September 25, 2023 by OldUser

[OldUser 6,635]

57 minutes ago, Petition2252 said:

 

1. Part 4, Question 46d, page 7/12 - "Date authorized stay..."
   • The Visa is scheduled to expire before the date on the I-94 online form. Q: Is it better to list when the Visa is scheduled to expire, or the date of expiration of the I-94 online form?
2.  

The date on I-94 is what you need to put. Visa is just a "ticket" to enter the US. Authorized stay can be beyond visa expiration. 

[OldUser 6,635]

1 hour ago, Petition2252 said:

 

1. Part 4, Question 58a to 58f, page 8/12 - Foreign Address in Foreign Alphebet
   • The foreign alphabet is Cyrillic. Since the beneficiary is living with the petitioner during the AOS, does the petitioner list this as N/A?

 

 

Unsure about this. I adjusted my status in the US.

Questions 57a - 58f were left blank.

I was asked to write my name in my native alphabet during interview though.

Don't remember about address, I don't think that ever came up.

[OldUser 6,635]

1 hour ago, Petition2252 said:

 

 

1. Part 2, Question 28 to 29, Page 3/12 - "Information About Your Parents - City/Town/Village and Country of Residence"
   1. Parent 1 is the Beneficiary. Q: Since the beneficiary is living with the petitioner in the USA while on a valid visa and is establishing residency in the USA, does the petitioner put the beneficiary's foreign City and Country, or the current US city and USA as the country?
      1. Source 1 and Source 2 says to list the US City and Country. Source 3 says to list the foreign City and Country
         
         

Current address, which is address in the US.

 

[OldUser 6,635]

1 hour ago, Petition2252 said:

 

1. Part 4, Question 19, Page 6/12 - "Date of current marriage (if currently married)"
   1. Q: Does the petitioner leave this "N/A" since the beneficiary is divorced?
      1. Source 1 covered widow(erd) but not divorce. Need verification.
2. Part 4, Question 20a to 20d, page 6/12 - "Place of Beneficiary's Current Marriage"
   1. Q: Does the petitioner leave this "N/A" since the beneficiary is divorced?
      1. Source 1 covered widow(erd) but not divorce. Need verification.

 

N/A or leave blank for both. It doesn't apply since the beneficiary is divorced. There's no current marriage.

[OldUser 6,635]

1 hour ago, Petition2252 said:

 

1. Part 4, Questions 11a-13f, page 5/12 - "Beneficiary's Physical Address"
   1. Since the Beneficiary is living in the US during the I130 and AOS process put the US Address.
      1. Source 1, Source 2, and Source 3
2.  

Correct

1 hour ago, Petition2252 said:

 

1. Part 4, Questions 25a-44, pages 6-7/12 - "Information About Beneficiary's Family"
   1. No need to list ex-spouse in this area since they are no longer family.
      1. Source 1 and Source 2

 

 

Correct, ex spouse is not a family.

[Petition2252 7]

Thank you @OldUser for doing an outstanding job at answering my questions.

 

The only two remaining are ones I am fairly confident in now

 

Now on to filling out the I131, I485, I765, I864, and I864A.

 

 

[powerpuff 6,697]

Topic moved from Bringing Family members of LPRs to America forum (consular processing) to AOS work/student/tourist visas as this is now an adjustment of status case.