I need some help about form I-130

[sycamore]

Hello everyone.

I need some help about form I-130 to fill it out. And sorry for my English because I've been still learning. I think that before I ask questions, I need to clarify some information about me. I came to the USA as a tourist. Then I changed of my status to take ESL classes and I've been going to school for one year. My father is a citizen of the USA, so he will apply for the green card for me. In additionally, my age is over the 21.

1. Part 4 -46a: " He or she arrived as a (Class of Admission).
For this question, I chose "B2- Temporary Visitor For Pleasure" because even if I changed of my status as a student, I came here as a tourist. Is my answer correct?

2. Part 4 -46d: " Date authorized stay expired, or will expire, as shown on Form 1-94 or Form I-95 (mm/dd/yy) or type print "D/S" for Duration of Status.
Well, I have an Form I-94, but its expiration date not about my current status. According to the date of I-94 I shouldn't have been the USA right now. I can stay the USA during the my education. Should I write "D/S" or the date on the form I-94?

3. Part 4-
"The beneficiary is in the USA and will apply for adjustment of status to that of a lawful permanent resident at the US Citizenship and Immigration Services (USCIS) office in:"
61a : City or Town: 61b: State

The beneficiary will not apply for adjustment of status in the USA, but he or she will apply for an immigrant visa abroad at the US Embassy or US Consulate in:
62a: City or Town :........ 62b: Province..... 62c: Country.....


Especially, I have difficulty to understanding to this part. I have never apply for anything before. Should I fill out this part? I'll stay in the USA during this process, and pursue my education. This part is about me or not?

Thank you so much for all answers. Best regards...

[TATIANA0329]

The beneficiary is you, your father is the petitioner

[newacct]

Hello everyone.

I need some help about form I-130 to fill it out. And sorry for my English because I've been still learning. I think that before I ask questions, I need to clarify some information about me. I came to the USA as a tourist. Then I changed of my status to take ESL classes and I've been going to school for one year. My father is a citizen of the USA, so he will apply for the green card for me. In additionally, my age is over the 21.

1. Part 4 -46a: " He or she arrived as a (Class of Admission).
For this question, I chose "B2- Temporary Visitor For Pleasure" because even if I changed of my status as a student, I came here as a tourist. Is my answer correct?

yes

2. Part 4 -46d: " Date authorized stay expired, or will expire, as shown on Form 1-94 or Form I-95 (mm/dd/yy) or type print "D/S" for Duration of Status.
Well, I have an Form I-94, but its expiration date not about my current status. According to the date of I-94 I shouldn't have been the USA right now. I can stay the USA during the my education. Should I write "D/S" or the date on the form I-94?

You must be talking about the electronic I-94 you got from entry that you looked up on CBP's website. That I-94 is no longer valid because you got a Change of Status which means you were given a new I-94. With the I-797A approval notice for the Change of Status is a new paper I-94 that is a part of the page that you can detach. That is your only valid I-94 now. Put the "admit until" date it says on the I-94 there. Since it's F-1 status, it will almost certainly be "D/S". Also put this I-94 number as the I-94 number on Part 4 #46b.

3. Part 4-
"The beneficiary is in the USA and will apply for adjustment of status to that of a lawful permanent resident at the US Citizenship and Immigration Services (USCIS) office in:"
61a : City or Town: 61b: State

The beneficiary will not apply for adjustment of status in the USA, but he or she will apply for an immigrant visa abroad at the US Embassy or US Consulate in:
62a: City or Town :........ 62b: Province..... 62c: Country.....


Especially, I have difficulty to understanding to this part. I have never apply for anything before. Should I fill out this part? I'll stay in the USA during this process, and pursue my education. This part is about me or not?

This is about whether you will do Adjustment of Status in the US or Consular Processing abroad.

You said you are the over-21 child of a US citizen. Assuming you are unmarried, you are in the F1 category, with a wait for visa numbers of around 7 years for people born in most countries (much longer for people born in Mexico or the Philippines). If you are married, you are in the F3 category, with a wait for visa numbers of more than 12 years for people born in most countries (much longer for people born in Mexico or the Philippines). This means that only after about that many years after the filing of the I-130, can you proceed to either Adjustment of Status or Consular Processing.

You can only do Adjustment of Status in your category if you are in the US and in status, and it is unlikely you will be in the US and in status in 7 years, so you will probably do Consular Processing abroad. So you should put the city and country of the US consulate handling immigrant visas in your country for Part 4 #62, and leave #61 blank. In the unlikely case you happen to be in the US and in status at that time, you can still file I-485 for Adjustment of Status even if you chose Consular Processing earlier.

[sycamore]

yes


This is about whether you will do Adjustment of Status in the US or Consular Processing abroad.

You said you are the over-21 child of a US citizen. Assuming you are unmarried, you are in the F1 category, with a wait for visa numbers of around 7 years for people born in most countries (much longer for people born in Mexico or the Philippines). If you are married, you are in the F3 category, with a wait for visa numbers of more than 12 years for people born in most countries (much longer for people born in Mexico or the Philippines). This means that only after about that many years after the filing of the I-130, can you proceed to either Adjustment of Status or Consular Processing.

You can only do Adjustment of Status in your category if you are in the US and in status, and it is unlikely you will be in the US and in status in 7 years, so you will probably do Consular Processing abroad. So you should put the city and country of the US consulate handling immigrant visas in your country for Part 4 #62, and leave #61 blank. In the unlikely case you happen to be in the US and in status at that time, you can still file I-485 for Adjustment of Status even if you chose Consular Processing earlier.

First of all, thank you so much for your answers, Newacct. Sorry about my deficient explanations. I am unmarried. I need to wait for visa number of around seven years in my case. I got a little confused about last part. If some unfortunate occasions don't take place, I am planning stay in the USA during my education, and it will take around 7 years (Three years for ESL classes, 4 years for college, and OPT). Assuming I will be able to keep my student status for a long time, should I fill out just #61? Or even if I plan stay here for a long time, do I have to fill out just #62?

[newacct]

First of all, thank you so much for your answers, Newacct. Sorry about my deficient explanations. I am unmarried. I need to wait for visa number of around seven years in my case. I got a little confused about last part. If some unfortunate occasions don't take place, I am planning stay in the USA during my education, and it will take around 7 years (Three years for ESL classes, 4 years for college, and OPT). Assuming I will be able to keep my student status for a long time, should I fill out just #61? Or even if I plan stay here for a long time, do I have to fill out just #62?

You can fill it out based on whatever you think is most likely. It can be changed later if necessary (though that will take some additional time).

[sycamore]

You can fill it out based on whatever you think is most likely. It can be changed later if necessary (though that will take some additional time).

Thank you so much for your help.