Announcement

Collapse
No announcement yet.

need help with I-130 form

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • need help with I-130 form

    Hi, I been married to my wife for almost a year now and we just begun to start filing the neccassary paperwork to get her a visa. I am an American citizen from San Diego, while she was born in Canada. My question is since my wife enter the US illegally, she does not have an alien registration number. So is it ok to leave that part of the application blank and file her as arriving "without inspection". Will this delay our application, or do I need to file for adjustment of status somehow. Thanks in advance.

  • #2
    Hi, I been married to my wife for almost a year now and we just begun to start filing the neccassary paperwork to get her a visa. I am an American citizen from San Diego, while she was born in Canada. My question is since my wife enter the US illegally, she does not have an alien registration number. So is it ok to leave that part of the application blank and file her as arriving "without inspection". Will this delay our application, or do I need to file for adjustment of status somehow. Thanks in advance.

    Comment


    • #3
      You must answer all questions on the form. You should file the I-130 (petition for relation), I-485 (adjustment of status) and I-864 (affidavit of support) at the same time.

      Comment


      • #4
        Hi Drew,

        please explain how exactly your wife entered the US.
        There is a huge difference between entering "without inspection" (sneaking in) and crossing the border without being given I-94 (which happens to most Canadians).
        An alien registration number is received only after the papers for adjustemnt of status are filed.

        Comment


        • #5
          Thanks for the quick feedback. In response to aneri, she arrived as a visitor without recieving an I-94, the Arrival/Departure Record.

          So should we file for adjustment of status first, to obtain an alien registration number before filing the I-130. Thanks in advance again.

          Comment


          • #6
            was she actually inspected by the IO or she just sneaked in. You cannot file adjustment without having I-130 approved or atleast filed.

            Comment


            • #7
              Drew, it still bugs me why you wrote in your first post that your wife entered the US illegally.

              Anyway, if she drove to the Canada - US border and was waived in (showed by US border offical to keep driving), she was admitted as tourists for 6 months. Canadian citizens who enter the US as tourist/visitor are not issued I-94 and NOT expected to have it. (I am assuming here that she is a Canadian citizen, not only born in Canada).

              You file the whole package at the same time: I-130 + I-485 with all other required documents (affidavit of support, biometrics...), + I-765.

              After the package is submitted, your wife will receiv a Notice of Action. NOA is the receipt from USCIS saying that they received forms and there you will find Alien Number that they asign to her.

              When asked for Alien number on forms, you put "none".
              When asked for copy of I-94, you have to submit a proof of her Canadian citizenship.

              Comment


              • #8
                I guess I overstated it when I said entered illegally. She did fly here as a visitor but I assume that because she didnt obtain an I-94, to tell how long her stay in the US should be, I assume it was illegal. Sorry for the misunderstanding.

                Anyways thanks everyone for your quick feedback, I will file those paperwork and form asap.

                Comment

                Sorry, you are not authorized to view this page

                Home Page

                Immigration Daily

                Archives

                Processing times

                Immigration forms

                Discussion board

                Resources

                Blogs

                Twitter feed

                Immigrant Nation

                Attorney2Attorney

                CLE Workshops

                Immigration books

                Advertise on ILW

                EB-5

                移民日报

                About ILW.COM

                Connect to us

                Questions/Comments

                SUBSCRIBE

                Immigration Daily



                Working...
                X