TakeTheSky1138

So my wife and I are filling out the the I-130, I am the beneficiary (I live outside of the US in the UK) she, petitioner is a US citizen living in the US.

Anyways, we are at the question “has the beneficiary EVER been in the US” which I have, I have visited many times on an. ESTA and we married in the US.

So we answered “yes” but it then asks for class of admission which i do not have because i don’t have a green card (this being the entire point of filing for the I-130.

someone please help, this is driving us crazy!

Pulaski

You don't need a green card to have a "class of admission". It just means how you came to be admitted (allowed to enter) to the US.

I would guess that you entered on the VWP if you're a British Citizen.

tht

look at the stamp in your passport / online i94, it’s probably WT, or WB if you came on business.

https://i94.cbp.dhs.gov/I94/#/home#section

S Folinsky

The current version of form I-130 is dated July 20 2021. Conventional wisdom is to use the current version.

S Folinsky

It has been some time since I retired. I don’t recall the I-130 having ever asked about past admissions and the current version does not. Sometimes the government makes mistakes in the forms. If that is what happened, it seems the error has been corrected.

newacct

Are you currently in the US? I-130 Part 4 items 46a-d are only completed if the beneficiary is currently in the US.

TakeTheSky1138

Okay the issue is sorted. Thankou, you guys are the best!!

S Folinsky

Actually, OP flipped the term around. See section 101(a)(13)(C) of the Immigration & Nationality Act. Green Card holders ( aka Lawful Permanent Residents) are specifically removed from the term “admission” in most circumstances. The 1996 amendments substituted “admission” for the former term “entry” and the concomitant
“reentry” doctrine. A particularly weird area of the immigration laws, see Rosenberg v Fleuti.

Almostexpat

Hi TakeTheSky1138, what did you put for this in the end? Mine was sent with this blank as I was in the same situation.

Rete

As you can, he has not been around since April, 2021. Don't think you will be hearing from him.

Almostexpat

Ah, thought that was this year. Any idea on it?

newacct

So, what is your situation? Is the beneficiary currently in the US?

Almostexpat

No in the UK. Spouse of a US citizen. We’re both living here.

newacct

Well, according to the I-130 form, Part 4 #46a-d are only completed if the beneficiary is currently in the US.

Almostexpat

Oh thank you for that. Slight panic over. Apologies for that