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Arrived on ESTA (VWP), filling out i-130, i-130a and i-485 need help please!

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  • Arrived on ESTA (VWP), filling out i-130, i-130a and i-485 need help please!

    Hi there,

    I apologize in advance for the lengthy post, but wanted to give you as much info as possible.

    Here is my background story:

    I'm a US citizen, my husband is a Portuguese citizen, we have two kids who are 2 and 4, both were born in the US. I have been traveling back and forth US/Portugal trying to keep the family together for the past 5 years. Although I've been traveling back an forth my legal residence has always been in the US (NYC) and I have filed my taxes every year.

    My husband arrived to the US for the first time last year under the Visa Waiver Program from Portugal so he could meet my family, towards the end of his stay we decided to get married because we thought it would be nice for my parents to witness the marriage and so we got married a few days (October 2nd,2017) before his 90 days were up. We left the US on October 12, 2017 happily married, 2 days before his time was up. We decided to travel again back to the states on April 3rd, 2018, once again he entered under the VWP without any issues and barely any questions. Now that we are here and getting closer to his 90 days being up, we have decided that we want to stay, the kids are very happy and have gotten very attached to their grandparents and my oldest is at the point that he has to go to school and we are thinking he needs stability.

    I believe my husband is a good candidate to receive a green card. So I started filling out the necessary forms i-130, i-130a and i-485 but I have a few questions I don't know how to answer and would GREATLY appreciate your help!

    **** *** i-130 **** ***

    ---- Part 4 - Information about beneficiary---

    Question 1. Alien Registration Number (A-Number) (if any) -- can I leave this blank or should I write in "N/A"?
    Question 2. USCIS Online Account Number (if any) -- can I leave this blank or should I write in "N/A"?
    Question 3. U.S. Social Security Number (if any) -- can I leave this blank or should I write in "N/A"?

    Question 22. Date Marriage Ended (mm/dd/yyyy) -- can I write "Still Married" or leave blank? He has only been married once, our current marriage.

    Question 48. Travel Document Number -- "N/A" or leave blank?

    --We lived together while we were abroad while I was traveling to stay with him for a few months at a time. And we are living together now in FL were my parents live because this is where we are staying. But he is supposed to be visiting under ESTA, so does this really count as us living together here in the states? Should I use my current address in FL where we plan to stay? And if so how can I answer questions 60.a, we arrived on April 3, 2018 to my parents house and have been here since together, but only decided to stay yesterday June 4th, 2018? When does his residency in the US actually begin in the eyes of the government?--

    If filing for your spouse, provide the last address at which you physically lived together.
    Question 60.a. Date From (mm/dd/yyyy) ???


    **** *** i-130a **** ***

    ------- Part 1. Information About You--------

    --Arrived 4/3/2018 to FL, decided to stay here in FL 6/4/2018 what date do we use for the date address history? The other address would be in Portugal but he hasn't been there since April when we left for our trip. When does his residency in the US actually begin in the eyes of the government? ---

    Address History
    Question 5.a. Date From (mm/dd/yyyy) -- ???
    Question 5.b. Date To (mm/dd/yyyy) -- Present


    **** *** i-485 **** ***

    ---Part 1---

    Recent Immigration History
    Question 16. Travel Document Number Used at Last Arrival -- "N/A" or leave blank? Answered question 15 with passport#
    Question 19. Nonimmigrant Visa Number from this Passport (if any) -- "N/A" or leave blank?
    Question 22.a. Was inspected at a port of entry and admitted as (for example, exchange visitor; visitor, waived through; temporary worker; student): -- "WT- ESTA VWP" or something else?
    Question 24. What is your current immigration status (if it has changed since your arrival)? - "WT" or something else? I'm assuming it's the same since we have not filed any of the docs yet?


    HUGE THANK YOU in advance for any help!!!!

  • #2
    Hi.


    Regarding the I-130 Part 4 - Information about beneficiary

    - Question 1, 2, 3, 22 and 48 : Leave blank
    - Question 60.a : Enter his last date of entry in the US (April 3rd 2018).


    Regarding the I-130a Part 1. Information About You

    - Address History : place where you've been living since last entry
    - Question 5.a. Date From (mm/dd/yyyy) -- April 3rd 2018
    - Question 5.b. Date To (mm/dd/yyyy) -- Present


    Regarding the I-485 Part 1 Recent Immigration History

    -Question 16, 19, Leave blank
    -Question 22.a. Tick this box and write visitor.
    -Question 24. Visitor (but file this quick before the 90 days expire).
    Last edited by lts63; 06-08-2018, 04:49 PM.

    Comment


    • #3
      Originally posted by lts63 View Post
      Hi. Regarding the immigration history print his most recent I-94 on this website https://i94.cbp.dhs.gov/I94/#/home (you'll need his passport number).
      Its63, Thank you for your quick reply, yes, I have already successfully printed his i-94 and have that information in hand.

      Comment


      • #4
        Originally posted by VivianaFL View Post
        Its63, Thank you for your quick reply, yes, I have already successfully printed his i-94 and have that information in hand.
        I've updated my first post to reply your other questions.

        Comment


        • #5
          Originally posted by lts63 View Post
          I've updated my first post to reply your other questions.
          Awesome, thanks again for the help!

          Comment

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