How to Fill Out Immigration Form I-130
Hi there... I wonder if anyone could help me in answering a couple of questions? I want to get this right.
A bit of background: I am an Australian who married an American in 2009. We married whilst I was on vacation in the US on the visa waiver program. We applied to adjust my status (I-485) and after a few months received a "notice of decision" stating that my application was denied because my husband did not meet the financial requirements. I was given 30 days to leave and did so. The letter said that they were not initiating removal procedures at this time. I am now back in my country and am about to re apply (have sorted out the finance issues).
My questions are:
- Page one, q16 asks "Has your relative ever been under immigration proceedings?" - does my notice of decision/denial count as immigration proceedings?
- Page 2, q17 asks "list husband/wife and all children of your relative". Does my husband list me (his wife) or just leave this blank? (neither of us has children)
I am most grateful for your responses =)
Re: How to Fill Out Immigration Form I-130
From what you've told us, you were not involved in immigration proceedings. We are not in a position to verify that information.
I suggest proceeding based upon the literal language of question 17. As the I-130 form is used for a variety of relationships, not just husband and wife, there's no harm in including the spouse/petitioner's name in answer to question 17 and it could prevent confusion or mistake. More to the point, the form used to add "If your relative is your husband/wife, list only his or her children" - suggesting that the USCIS no longer wants the spouse omitted from that answer.
Re: How to Fill Out Immigration Form I-130