Help filling out I-130 please - xpost

[k2daho 0]

Hi there,

Some of you have seen my other posts, and my husband and I are going ahead with filing the I-130 at the embassy at the country in Africa he is in for work. We have contacted them and they will process our visa there! I do have to go over there to interview, but other than that it sounds like it should go fairly smooth.

So now I'm re-filling out the I-130 for my husband as we are now aiming for the CR1 and not adjustment of status within the USA.

Right now I am currently in the United States legally as a tourist from Canada. I entered just over two months ago and as a Canadian I believe I am allowed a 6 month stay. So, at this time I'm staying in our apartment (joint lease) here in D.C. while my husband is in Africa. I will not be overstaying my allowed time here, no intention of that, and now that we are doing DCF it shouldn't be an issue at all as it should go quickly from what we are told.

So for Question C.2. what should I put as my address? Will it look bad for me to put this U.S. address? Or should I put a permanent Canadian address where I will go back to if I run out of time here?

And following that for C.14. should I put that I am currently in the United States? I do not want them to mistakenly think that I am trying to adjust status from inside the U.S. and that make our application take longer. I will be leaving the U.S. either to go home to Canada or to go to Africa to the interview before my 6 months is up. This also brings up that as a Canadian I don't have an I-94 or I-95 and therefore have no document showing the day I entered the country...what should I do?

Next question... C.21. do I say that we were staying here at this apartment together for almost two months after we got married before he left for Africa? I've read elsewhere that this can make them suspicious that you've been living in the USA illegally.

Lastly...C.22. Am I right in thinking that I just don't fill this part out cuz I'm not doing AOS in the United States, correct?

Thanks!!!

[Dr. Obvious 49]

You came as a tourist with a joint lease on an apartment in the US? Ummmm...your intentions were very clear. I think there could be trouble.

[k2daho 0]

We did that to have evidence of our bonafide marital relationship, and it does not matter since I'm not filing for I-130/AOS within the USA, we are filing DCF. I'm leaving to get the visa and will enter legally with that. Intent is only in question if you're planning to stay in the country.

You came as a tourist with a joint lease on an apartment in the US? Ummmm...your intentions were very clear. I think there could be trouble.

[Dr. Obvious 49]

But you were planning on staying in the US on a Canadian tourist visa. There are many other ways to prove a bonafide relationship than that. I know you are leaving, but it is just a bit strange. Eh, no idea.

[k2daho 0]

No that wasn't the "plan", it became an option for us after my husband and I thought about it further and thought we might be able to file concurrently while I was here, but now (with help from this forum) we've decided that it's not worth the risk. Both were post-marriage decisions. We got the joint lease when I was here before we got married (while I still had a residence and job in Canada) as a form of proof of our marriage for later on, and also so that we'd both have keys, parking passes, etc for our complex which we couldn't get without my name on the lease.

Not sure why you are accusing me...

But you were planning on staying in the US on a Canadian tourist visa. There are many other ways to prove a bonafide relationship than that. I know you are leaving, but it is just a bit strange. Eh, no idea.

[Dr. Obvious 49]

Not about me accusing you, it is what the government thinks you were doing on a tourist visa before you were married. Just seems a bit complicated and odd. I might ask a lawyer first before I filled out anything.

Edited January 24, 2008 by Wacken

[k2daho 0]

I don't see how it's relevant to our filing the I-130 in pursuit of the CR1 visa without me overstaying in the USA...please explain your concern.

I'm here on vacation as a tourist in the United States which I'm legally entitled to do for six months a year as a Canadian citizen, and that should have no bearing on our filing. It's the same as a foreign spouse who visits in the USA as a tourist while their I-130 or I-129F is pending.

If you're seeing something I'm not please explain, but I'm pretty sure that I've done nothing illegal as long as I leave the USA before six months are up.

Not about me accusing you, it is what the government thinks you were doing on a tourist visa before you were married. Just seems a bit complicated and odd. I might ask a lawyer first before I filled out anything.

[Minya's wife 24]

It all just seems convoluted to me...you're a Canadian on a tourist visa living in the US, but your husband works in 'an African' country where he intends to do DCF to for you to get your US residency? All so that you can join him to live there while he finishes his two year work contract? Where will you interview for the visa, in this unnamed country? Will you travel there, no visa needed for you to travel there? I'm having trouble following....but have you consulted w/ an attorney for an opinion? Perhaps that can be of more assistance, as this does not seem simple.

Good luck,

-P

[k2daho 0]

Hey, sorry...the reason I'm not naming the country is that he works for the US gov't and it's not really appropriate or my place to talk about his work or where he is online if that makes sense. I know that he wouldn't like it...not trying to be secretive or anything weird!

Also I'm not living in the USA, was here staying with my husband until he left a couple of weeks ago, and then we were exploring the idea of me just staying and filing for adjustment. We have since decided against that...too risky.

So now we're filing DCF, I know it's not usual since I'm not living there, but the consular official we spoke to at the embassy where my husband is confirmed that we can file since he is working for in a gov't capacity there. They confirmed that I could either interview there (they prefer this) or else in Canada.

Regardless I still have almost four months to legally stay in the USA, and since our apartment is still rented and I have friends and family here that I can visit as well, I will most likely stay until I can file and interview for CR1 in Africa. We are being told that this will most likely happen before my allowed tourist time in the USA is up.

Does this make more sense?

After I interview and get approved I'll return to the USA using the CR1, file for expedited naturalization which is available to us, and give notice on the apartment and have the rest of our stuff shipped to our new home.

It all just seems convoluted to me...you're a Canadian on a tourist visa living in the US, but your husband works in 'an African' country where he intends to do DCF to for you to get your US residency? All so that you can join him to live there while he finishes his two year work contract? Where will you interview for the visa, in this unnamed country? Will you travel there, no visa needed for you to travel there? I'm having trouble following....but have you consulted w/ an attorney for an opinion? Perhaps that can be of more assistance, as this does not seem simple.

Good luck,

-P

[Minya's wife 24]

Well your case is somewhat unique....I'm not sure how much assistance we can give you on filling out the I-130, but as far as questions asking about your residency(question C2), you should probably put your Canadian address...as that is still your permanent place of residence. As you stated, you are just on vacation here in the US. For C14 you should declare that you're in the US, and indicate that you're here as a tourist. I'm not sure about C21 and 22. Have you contacted the consulate where you'll file? Perhaps they can assist you w/ how to answer these questions.

Good luck,

-P