Form i-130 questions #45-50

[Mrs. Dea 10]

Hello: I am new to this site which after going through many threads already cleared up some of my questions and concerns. Thank you.

My husband (the petitioner) and I got married 7 months ago and are now looking to file i-130 and i-130A.

We plan to use the consular process instead of AOS so I am in the US visiting him but plan to return before the filing begins.

 

1. I did not update my name to my married name in any of my official documents (they are long before expiring); Will this be a problem throughout the filing process (I am the beneficiary)?

2. Being that I did not have a name change document for my married name should we just stick to my maiden name throughout filling out the forms. 

2. Should I the beneficiary fill out and sign the i-130A as the beneficiary while I am here on a visit or wait until I leave and let my husband the petitioner do it and leave the part requiring my signature blank?

4. Regarding Form i-130 questions 45-50:

(a) Was the beneficiary EVER in the US? We would tick yes 

(b) If the beneficiary is currently in the US it as for their i-94 and passport information - Should we leave this blank since I will be filing after leaving the country? Or is my i-94 for this trip still required having left the US?

 

#4  is concerning because I do not want them to think I am staying in the US at the point of filing and then think I doing the route of Adjustment of Status which I am not.

 

Thank you in advance

[Khallaf 649]

12 minutes ago, Mrs Dudley said:

Hello: I am new to this site which after going through many threads already cleared up some of my questions and concerns. Thank you.

My husband (the petitioner) and I got married 7 months ago and are now looking to file i-130 and i-130A.

We plan to use the consular process instead of AOS so I am in the US visiting him but plan to return before the filing begins.

 

1. I did not update my name to my married name in any of my official documents (they are long before expiring); Will this be a problem throughout the filing process (I am the beneficiary)?

2. Being that I did not have a name change document for my married name should we just stick to my maiden name throughout filling out the forms. 

2. Should I the beneficiary fill out and sign the i-130A as the beneficiary while I am here on a visit or wait until I leave and let my husband the petitioner do it and leave the part requiring my signature blank?

4. Regarding Form i-130 questions 45-50:

(a) Was the beneficiary EVER in the US? We would tick yes 

(b) If the beneficiary is currently in the US it as for their i-94 and passport information - Should we leave this blank since I will be filing after leaving the country? Or is my i-94 for this trip still required having left the US?

 

#4  is concerning because I do not want them to think I am staying in the US at the point of filing and then think I doing the route of Adjustment of Status which I am not.

 

Thank you in advance

if and when you got married, there is a slot on the marriage form that asks what you want your name to be after marriage, did you sign your maiden name or did you sign it with his last name?

 

2) as far as what name is used you can file with your married name but there is also a section that asks for other names used, it is okay that you have not updated the documents yet, at least I would think so, as both names used would be on the I-130.

3) fill out and sign the I-130A since you are here in the USA it isn't going to hurt anything.

4) if you were even in the USA as a visitor I don't not believe that question would apply, they ask this only if you the beneficiary is going to remain in the USA. some of the other more senior VJ would know that better than I would though.

[Airman 35]

8 minutes ago, Mrs Dudley said:

Hello: I am new to this site which after going through many threads already cleared up some of my questions and concerns. Thank you.

My husband (the petitioner) and I got married 7 months ago and are now looking to file i-130 and i-130A.

We plan to use the consular process instead of AOS so I am in the US visiting him but plan to return before the filing begins.

 

1. I did not update my name to my married name in any of my official documents (they are long before expiring); Will this be a problem throughout the filing process (I am the beneficiary)?

This will not be an issue as long as your name in your legal documents such as passport and marriage certificate matches. 

2. Being that I did not have a name change document for my married name should we just stick to my maiden name throughout filling out the forms. 

Yes, my spouse name is not yet changed and we had no issue on approving I-130 or at NVC stage. Currently waiting for interview date at foreign consular post.

2. Should I the beneficiary fill out and sign the i-130A as the beneficiary while I am here on a visit or wait until I leave and let my husband the petitioner do it and leave the part requiring my signature blank?

Since you are here, its better to sign.

4. Regarding Form i-130 questions 45-50:

(a) Was the beneficiary EVER in the US? We would tick yes

You should click 'Yes'

(b) If the beneficiary is currently in the US it as for their i-94 and passport information - Should we leave this blank since I will be filing after leaving the country? Or is my i-94 for this trip still required having left the US?

If you are going to file after you leave, you should leave it blank.

#4  is concerning because I do not want them to think I am staying in the US at the point of filing and then think I doing the route of Adjustment of Status which I am not.

If you will not be in US at the time your application is reviewed by immigration officer, they will not think, you are in US because they can check I-94 and also you are choosing 'consular processing' 

Thank you in advance

Although you don't want to file I-130 until you leave the country but i highly suggest you to file your application as soon as possible, it doesn't matter if you are here or not when filing because you will  choose 'Consular processing'. This process takes long time to complete and benefit of filing quicker is, you will be in line to be reviewed quicker. Many people file this way and had no issues. Important part is to leave the US before your authorized stay expires. If you have valid visa, you can keep visiting US during your process. I wish you all the best.

 

 

[Mrs. Dea 10]

Hi, Kallaf thank you- On this marriage form I put my original maiden name as I was told in the US either name is accepted. So I guess I would just go ahead and use my maiden name on filing papers?

 

 

Hi Airman; thank you. You hit the nail on the head because I was also fearing that if we file while I am here then I may be denied entry when trying to visit the US again during the process- a visitors visa that was issued to me legally and no overstays or plans to.

So would I select yes to question 45 asking I have ever been in the US and then leave questions 46-50 blank?

[Khallaf 649]

22 minutes ago, Mrs Dudley said:

Hi, Kallaf thank you- On this marriage form I put my original maiden name as I was told in the US either name is accepted. So I guess I would just go ahead and use my maiden name on filing papers?

 

 

Hi Airman; thank you. You hit the nail on the head because I was also fearing that if we file while I am here then I may be denied entry when trying to visit the US again during the process- a visitors visa that was issued to me legally and no overstays or plans to.

So would I select yes to question 45 asking I have ever been in the US and then leave questions 46-50 blank?

I believe those only apply if you are now staying for good in the USA.

 

just keep in mind when coming and going to visit it will be up to CBP to allow you in or not and for how long, if they start to believe you have immigrant intent which you do, and they think you will not leave before the completed process is over they may require you return home and not let you in, make sure you take lots of evidence each time of your plan to leave when you are required on each visit.

 

your marriage certificate that you get here would need to be registered in your country, I would check with your records department when you return home and find out what you need to do in order to legally register as married each country is different. 

[pushbrk 12,109]

3 hours ago, Khallaf said:

 

4) if you were even in the USA as a visitor I don't not believe that question would apply, they ask this only if you the beneficiary is going to remain in the USA. some of the other more senior VJ would know that better than I would though.

Incorrect.  If the beneficiary is IN the USA when the petition is filed, you complete that section.  You complete questions 47 through 50 regardless.

[pushbrk 12,109]

3 hours ago, Khallaf said:

if and when you got married, there is a slot on the marriage form that asks what you want your name to be after marriage, did you sign your maiden name or did you sign it with his last name?

 

2) as far as what name is used you can file with your married name but there is also a section that asks for other names used, it is okay that you have not updated the documents yet, at least I would think so, as both names used would be on the I-130.

 

Marriage forms are different in each US State, as to whether there is ANY mention of "married name" or not.

 

If you intend to USE a married name, go ahead and do so now if you want.  The maiden name will be another name used.  However, the visa will be issued in the name on your passport.  You'll have nearly a year to update your passport to the married name.  Having a different passport later, is not a problem.

[Mrs. Dea 10]

Thank you also Pushbrk

 

1. So do I have to ever have a document with my married name at all throughout the process?

 

2. When you say "regardless". Are you saying that my passport information and i-94 should be entered in #46-50 even if I leave the country before filing?

 

[NikLR 13,220]

11 hours ago, Mrs Dudley said:

Thank you also Pushbrk

 

1. So do I have to ever have a document with my married name at all throughout the process?

 

2. When you say "regardless". Are you saying that my passport information and i-94 should be entered in #46-50 even if I leave the country before filing?

 

1) No.  The marriage certificate allows you to change your name if you choose.  You can either use it or not, up to you.  If you are wanting to use it, start now and before interview you must change your passport to reflect your married name. 

 

2) if you are in the USA while you are filling out this paperwork then you should answer the questions.  Theres no reason not to file while you're in the USA so Im unsure why the petitioner is waiting until you leave.  

 

[Mrs. Dea 10]

NikLR thank you it's clear now. We just started and we were not clear on some of the questions so now we are realizing we can actually put in the paperwork.

 

The only thing that worries me at this point is just not having my regular visa canceled trying to enter whilst this process is going on.

 

 

[pushbrk 12,109]

22 hours ago, Mrs Dudley said:

Thank you also Pushbrk

 

1. So do I have to ever have a document with my married name at all throughout the process?

 

2. When you say "regardless". Are you saying that my passport information and i-94 should be entered in #46-50 even if I leave the country before filing?

 

1. No, unless you want the visa and green card in your married name. If you do, get your passport updated.

 

2. Yes, that is exactly what I'm saying except it is 47 through 50, not 46 through 50.  Read the heading again above 46.

[Mrs. Dea 10]

Khallaf good point raised about registering my marriage in my country. I sent an email to the department in my country that handles marriages and they gave me a written response to say that the marriage certificate I received in the US is all I need in my country and no registration required. 

 

Thank you, everyone, for helping me clarify. 

Edited January 7, 2019 by Mrs Dudley