Question about form I-130

[SarooR 1]

Hello everyone, 

 

I'm Canadian and my spouse is currently filling out form I-130 online. For the section where it asks "What was the beneficiary's class of admission", do we leave that section blank as I've just visited the US and am not a permanent resident? I haven't been granted any visas to enter the US, I've just entered on my passport. 

 

Thank you. 

[pushbrk 12,969]

16 hours ago, SarooR said:

Hello everyone, 

 

I'm Canadian and my spouse is currently filling out form I-130 online. For the section where it asks "What was the beneficiary's class of admission", do we leave that section blank as I've just visited the US and am not a permanent resident? I haven't been granted any visas to enter the US, I've just entered on my passport. 

 

Thank you. 

Unless you are in the USA right now, just enter not applicable for that section after checking NO.  Then starting with the passport number, continue to complete the form.  Also, advice your spouse to read  carefully, including noticing and literally interpreting the little words, like if, or, and etc.  They matter.

Edited December 9, 2023 by pushbrk

[SarooR 1]

On 12/9/2023 at 5:16 PM, pushbrk said:

Unless you are in the USA right now, just enter not applicable for that section after checking NO.  Then starting with the passport number, continue to complete the form.  Also, advice your spouse to read  carefully, including noticing and literally interpreting the little words, like if, or, and etc.  They matter.

So I am currently visiting my spouse in the US and he is filling out the form right now. So I searched up my 1-94 form and entered that information in. I'll be leaving in a couple weeks - is that alright?

[pushbrk 12,969]

27 minutes ago, SarooR said:

So I am currently visiting my spouse in the US and he is filling out the form right now. So I searched up my 1-94 form and entered that information in. I'll be leaving in a couple weeks - is that alright?

Yes, that's OK.  BUT.....be very certain he indicates that the location where you will adjust status is filled in as NO Applicable, and the section where you will apply for a visa is correctly filled with the location of the Consulate.

My real advice is to indicate you are NOT in the USA, and then file the day AFTER you leave.  Less chance for USCIS to make a mistake that way.

[SarooR 1]

On 12/9/2023 at 5:16 PM, pushbrk said:

Unless you are in the USA right now, just enter not applicable for that section after checking NO.  Then starting with the passport number, continue to complete the form.  Also, advice your spouse to read  carefully, including noticing and literally interpreting the little words, like if, or, and etc.  They matter.

 

On 12/10/2023 at 7:30 PM, pushbrk said:

Yes, that's OK.  BUT.....be very certain he indicates that the location where you will adjust status is filled in as NO Applicable, and the section where you will apply for a visa is correctly filled with the location of the Consulate.

My real advice is to indicate you are NOT in the USA, and then file the day AFTER you leave.  Less chance for USCIS to make a mistake that way.

Thanks for the help! I was careful to indicate that the location where I will adjust status was filled in as NOT applicable and that the section where I will apply for visa was filled correctly with my consulate. But I'll consider your advice!!