Applying for AOS for wife, need help with I-130

G

greenhouse98

Registered Users (C)
Situation:
I just became a USC, wife is on H1-b (came to US on a visit visa). We live apart (I in CA, she in NY) as she is doing her medical residency (still has 1.5 years to go, then she will move back to CA with me).

First of all, can I file without a lawyer?!

On form I-130 here are the questions where I'm confused:

"18. Address in the United States where your relative intends to live."

Does this mean where she is now? Or where she will live after her residency is over in 1.5 years?

"21. If filing for your husband/wife, give last address at which you lived together. (Include street, city, province, if any, and country):"

Wife lived in CA with me for 6 months when she came to the US, do I state the CA address?

"22. Complete the information below if your relative is in the United States and will apply for adjustment of status.
Your relative is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the USCIS office in:
If your relative is not eligible for adjustment of status, he or she will apply for a visa abroad at the American consular post in:"

What does this mean? Do I state the immigration office in New York?
 
"18. Address in the United States where your relative intends to live."

Does this mean where she is now? Or where she will live after her residency is over in 1.5 years?


She can choose address either in CA or in NY, but one out of two. It's okay because she will be staying in NY for another 1.5 years, but she would have been staying only a few months then she cannot use NY address. Thus, she can choose one of either address. Whatever address she would write, all the paperwork from USCIS will go there and she will be interviewed there as well. That means, if she would put CA address then she will be going to CA for fingerprinting and interview as well. I would personally put NY address especially when she is living there and would continue to be living there for another 1.5 more years. It could save a lot of money in going back and forth in addition to other hassle.




"If filing for your husband/wife, give last address at which you lived together. (Include street, city, province, if any, and country):"

Yes, you should put CA address where you guys lived together last.




"Complete the information below if your relative is in the United States and will apply for adjustment of status."

Yes, you should put there New York, New York if you want her application to be filed with NY address. And the US embassy in her country close to her place in there where she will be going for her immigrant visa process if she is found eligible to adjust status in the US.



"can I file without a lawyer?!"

Well, the answer to this question will depend on how sharp you are to understand this whole process, and how much time and energy you are willing to spend to learn/research stuffs for your cause. If you can't then just pay the attorney and save your energy/time/money. This process is very easy to handle and learn if you are willing to pour some of your time and energy. Hundreds of thousands people handle their paperwork by their own without the help of any attorney. You can do too if you are confident about yourself. If not then pay to an attorney to do all this for you. If you have any question, people will help you to answer your questions on all these immigration websites but you need to do your research as well. I doubt that you can handle all this by your own because you couldn't even spend a few minutes in reading some instructions on other form to know how pics are needed as you did ask this question. So if you are so busy person and cannot understand simple instructions or don't have time then you are better off hiring an attorney.

Good luck






greenhouse98 said:
Situation:
I just became a USC, wife is on H1-b (came to US on a visit visa). We live apart (I in CA, she in NY) as she is doing her medical residency (still has 1.5 years to go, then she will move back to CA with me).

First of all, can I file without a lawyer?!

On form I-130 here are the questions where I'm confused:

"18. Address in the United States where your relative intends to live."

Does this mean where she is now? Or where she will live after her residency is over in 1.5 years?

"21. If filing for your husband/wife, give last address at which you lived together. (Include street, city, province, if any, and country):"

Wife lived in CA with me for 6 months when she came to the US, do I state the CA address?

"22. Complete the information below if your relative is in the United States and will apply for adjustment of status.
Your relative is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the USCIS office in:
If your relative is not eligible for adjustment of status, he or she will apply for a visa abroad at the American consular post in:"

What does this mean? Do I state the immigration office in New York?
Click to expand...
 
Thanks so much for the info. One thing I'm confused about is:


"Complete the information below if your relative is in the United States and will apply for adjustment of status."

Yes, you should put there New York, New York if you want her application to be filed with NY address. And the US embassy in her country close to her place in there where she will be going for her immigrant visa process if she is found eligible to adjust status in the US."

Regarding your response in bold, you mean if she is NOT found eligible to adjust her status in the US right? Does that mean that she might have to go back to her native country to complete this process? Is this common or just a worst case scenario?
 
greenhouse98 said:
Thanks so much for the info. One thing I'm confused about is:


"Complete the information below if your relative is in the United States and will apply for adjustment of status."

Yes, you should put there New York, New York if you want her application to be filed with NY address. And the US embassy in her country close to her place in there where she will be going for her immigrant visa process if she is found eligible to adjust status in the US."

Regarding your response in bold, you mean if she is NOT found eligible to adjust her status in the US right? Does that mean that she might have to go back to her native country to complete this process? Is this common or just a worst case scenario?
Click to expand...


The address of US embassy close to her place of residency in her home country needs to put in there. It's just for formality...that's why it's said that ONLY IF she is found ineligible to adjust her status in the US. Again, it's just a formality because by marrying with a US citizen, she is eligible to adjust her status in the US unless she departed the US at any time after accumulating illegal presence in the US.

This form is designed for everyone and for all kind of situations. Thus, don't worry about this question and answer as it's asked about. It doesn't applicable to her and it's just a formality.
 
Thanks Johnny, you are a great resource. Another question that has me confused is:

"If your relative is currently in the U.S., complete the following:
He or she arrived as a: Visitor"

Arrival/Departure Record (I-94); Date Arrived

Date authorized stay expired, or will expire, as shown on Form I-94 or I-95"

For the part in bold, do I put in the expiration date of her visa which was stamped on her I-94 when she landed in JFK originally (that has already expired) or the expiration date of her H1-B (a new I-94 was attached to the H1-B, but she has never traveled on it)?

Also in the section of the form where it asks "17. List husband/wife and all children of your relative." Since this is for my wife, do I list my self as her husband? Or is it automatically assumed since I'm filing for her and leave it blank?
 
Last edited by a moderator:
You must log in or register to reply here.
Top