Jump to content

16 posts in this topic

Recommended Posts

Posted

I am working on completing the form I-130 for my wife. She is currently in India, and has never travelled to the united sates nor does she have a passport at the moment. I am a US citizen.

the part that is confusing to me is is Part 4  items 45-50 ( Beneficiary's entry information).

 

Item 45: was the beneficiary ever in the united states? yes or no

Item 46: if the beneficiary is currently in the united states, complete items 46.a-46.d

item 47: passport number

 

the following is a quote from the 130 instructions sheet:

Form I-94 Arrival-Departure Record. Complete Part 4., Item Numbers 46.b. - 50., of the petition regarding the admission or travel document for the beneficiary.

 

If U.S. Customs and Border Protection (CBP) or USCIS issued the beneficiary a Form I-94, Arrival-Departure Record, provide the beneficiary’s Form I-94 number and date that his or her authorized period of stay expires or expired (as shown on Form I-94). The Form I-94 number also is known as the Departure Number on some versions of Form I-94.

 

NOTE: If the beneficiary was admitted to the United States by CBP at an airport or seaport after April 30, 2013, he or she may have been issued an electronic Form I-94 by CBP, instead of a paper Form I-94. The beneficiary may visit the CBP website at www.cbp.gov/i94 to obtain a paper version of his or her electronic Form I-94. CBP does not charge a fee for this service. Some travelers admitted to the United States at a land border, airport, or seaport, after April 30, 2013 with a passport or travel document, who were issued a paper Form I-94 by CBP, may also be able to obtain a replacement Form I-94 from the CBP website without charge. If his or her Form I-94 cannot be obtained from the CBP website, it may be obtained by filing Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Record, with USCIS. USCIS does charge a fee for this service.

 

Passport and Travel Document Numbers. Complete Part 4., Item Numbers 45. - 50., as applicable, if the beneficiary relative used a passport or travel document to travel to the United States, enter either the passport or travel document information in the appropriate space on the petition, even if the passport or travel document is currently expired.

 

Based on the above instructions, i  would answer no to question 45. skip items 46.a-46.d.

For Item 47 can i put N/A? because my wife has never been to the united states nor does she have a passport at the moment. ( obviously she will have a passport in time for NVC/ interview).

or am i misunderstanding this and should wait for her to receive her passport ( which could take a while)

 

 

thanks in advance for the help.

 

 

Posted
34 minutes ago, NikLR said:

I would put none.  The question is applicable she just doesn't have one yet.  She should hurry up and get one though.  

thanks for the reply! but can you explain how the question is applicable. Becuase they way i interpreted the instructions is that you are supposed to list the passport / travel document used to enter the united states. But my wife has never been to the united states before. In any case,  do you think  putting N/A or None can result in a rejection/denial?

Posted (edited)

It depends... if the question specifically says answer this if the beneficiary is in the USA then no the question isn't applicable.  If it simply asks for their passport number then it is and she should put none.  

Edited by NikLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Posted (edited)

I guess my question is: Is a Passport number required for this form to be approved in my situation?  obviously for people that are in the united states right now or have travelled to USA before it is required, but in my case where my wife has never been to the states is it required for this form?

Edited by visaguy99
Posted
1 minute ago, payxibka said:

Only if the beneficiary has been to the USA.  

THanks for the quick reply! may ask if you are speaking from experience or interpreting the instructions just like me lol.. not sure why brain keeps playing tricks on me. I know in the past I-130 did not even ask for a passport number at all. 

Filed: AOS (apr) Country: Philippines
Timeline
Posted
Just now, visaguy99 said:

THanks for the quick reply! may ask if you are speaking from experience or interpreting the instructions just like me lol.. not sure why brain keeps playing tricks on me. I know in the past I-130 did not even ask for a passport number at all. 

My SO did not have a passport at the time of filing.  To file a petition a passport for the beneficiary is NOT required

YMMV

Posted

THanks guys, i wanted to be sure. The i-130 has changed quite a bit since circa 2010/2011 when it used to be just 2 pages long, and i wanted to make sure a passport number wasn't a requirement now, since in the past it did not even ask for it.  appreciate the help.

Filed: Other Country: China
Timeline
Posted
22 hours ago, SierraTenTango said:

I'd imagine you just put N/A over there for the time being. But wait for more users to respond to your question. Good luck!

The question is applicable, even if she has NONE.  The correct answer is to enter all zeros or to hand write the word none.   She'll need the passport at NVC stage.

 

Folks.  Nearly all questions on these forms ARE APPLICABLE unless rendered N/A by a previous answer.  For example when asked about the name of a former spouse and you HAVE NO former spouse, is an APPLICABLE question to which the first answer in the series is NONE.  This NONE renders the other information asked about this non-existent former spouse SO non-applicable, you REALLY CAN just leave them blank.  Only use non applicable when the question itself is actually not applicable based on a previous answer.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Posted
11 hours ago, pushbrk said:

The question is applicable, even if she has NONE.  The correct answer is to enter all zeros or to hand write the word none.   She'll need the passport at NVC stage.

 

Folks.  Nearly all questions on these forms ARE APPLICABLE unless rendered N/A by a previous answer.  For example when asked about the name of a former spouse and you HAVE NO former spouse, is an APPLICABLE question to which the first answer in the series is NONE.  This NONE renders the other information asked about this non-existent former spouse SO non-applicable, you REALLY CAN just leave them blank.  Only use non applicable when the question itself is actually not applicable based on a previous answer.

the following is directly from the instruction sheet:

 

Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been married and the question asks, “Provide the name of your current spouse”), type or print “N/A,” unless otherwise directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many children do you have” or “How many times have you departed the United States”), type or print “None,” unless otherwise directed

 

Based on this,  although the passport number is a numeric response, it does not ask to quantify, Therefore, i think "none" wouldn't be an appropriate response. I think N/A is more suitable. so for example if the question was What is your child's name? and you don't have children you would put N/A. but if it asks how many children.. You would put "none".  

 

Just what i am interpreting.. I don't think it would be big deal either way if you put none or N/A. But what do you guys think?

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...