How to Fill Form I-130 and I-130A – Complete Step by Step guide with examples and Attorney commentary

Part 4. Information about beneficiary

Question 12 . Intended residence. If the relationship is marriage, it should be clear that the petitioner and beneficiary will reside together or if the intention is not to immediately to live together be prepared to explain the situation (such as a temporary plan to finish schooling or a job apart – however, it is suggested to show the “residence” at the “main” residence, with an explanation of the arrangement submitted with the petition).

Question 13.  Beneficiary’s address abroad. Even if the beneficiary has been living in the U.S. for a long time and has no actual foreign residence, some foreign address (preferably in the country in which the alien may undergo consular processing, if necessary), such as a relative’s address, should be provided.

Question 25: Beneficiary’s Spouse and Children. All such relatives should be listed, whether immigration benefits will be sought for them soon or not. Note that “spouse” may need to be repeated from question 21.

This includes children from previous relationships in the United States and abroad. USCIS may see the failure to list children as an attempt to hide previous relationships or previous marriages abroad. This information may be used as a cross reference for fraud when the present beneficiary applies for relatives after obtaining permanent residence or citizenship. A spouse and unmarried minor children may “accompany” (obtain permanent residence with) the beneficiary relative without a separate petition, except when the beneficiary is an “immediate relative” of a U.S. citizen (such as a spouse in this example) and is therefore not subject to any wait for visa numbers.

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