I-130 Information Help

[Dirte 0]

Hello,

I am currently in the process of filling out the I-130 form an I am confused on some of the information required and the differences my situation is to the example forms.

I am a born US citizen. My wife came here on a B-2 visa which expires at the end of October. We married here in the US and now live at the same appartment

I-130 form questions

1. Line # 2 information about your relative. My wife is currently living with me here in the states but the example form is for a K-1 visa so the spouse puts down her address in her home country. Am I suppose to use my wife's current address in the states or her address in France?

2. Line #11 information about your relative. my wife was in a civil union in France which has ended. Does this count as a past marriage? From the way my wife describes it a civil union in Frances is completely different than what it is here in the states.

3. Line #14 information about your relative. My wife came here on a b-2 visa. Does that make her a visitor or a tourist?

4. Line #22 will the USCIS off we will use be Helena, MT? I live in bozeman, MT but Helena is the only USCIS office in the state.

- Brian

[Cheezees 1,514]

If your wife lives in the US with you, you ARE NOT to use the K1 form. Refer back to the guides and choose the visa category that is applicable to your situation. The K1 is for fiances, not spouses. That was the cause of the confusion. Good luck!

[Dirte 0]

Thank you for the quick response Cheezees.

I know we are not applying for a K-1 visa but the example for given on this website is for a K-1 visa process. It is the same form for me (adjustment of status) I just need to fill it out differently and that is what I am having confusion with.

[EM_Vandaveer 2,369]

Follow this guide:

http://www.visajourney.com/content/i130guide2

1) use her US address

2) it does not count as a marriage BUT I'd write an explanation

3) visitor (are you sure she's here on a visa, not VWP?)

4) that's fine

[Cheezees 1,514]

The example form I am looking at is listed under "K-3 & IR-1/CR-1 Visa Example Forms". Is this where you are looking? If yes, then the form is synonymous with your wife's situation. So I have a few questions/statements:

1. Does you wife still maintain her residence in her country? What happened to her house/apartment in the months she has been away. Does she own it or did she break the lease? Is she still paying rent there?

2. I believe she will have to disclose the civil union. (I am assuming this is not the same as having a common-law wife where there is no official ceremony). Please correct me if I am wrong.

3. A tourist is a visitor. She was a visitor.

4. Helena, MT seems like the right choice.

[Dirte 0]

Thank you Van!

Reply to Cheezees

1. She does not maintain a residence any longer in France. She was not on a lease. On paper she was in a civil union and lived with her partner. Which has ended

2. There was no official ceremony but she did file french taxes with her partner

Thank you all so much

[Dirte 0]

Follow this guide:

http://www.visajourney.com/content/i130guide2

1) use her US address

2) it does not count as a marriage BUT I'd write an explanation

3) visitor (are you sure she's here on a visa, not VWP?)

4) that's fine

3. She is here on a B-2 visa and has a Visa sticker in her passport