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I130... so confusing.. PLEASE HELP

I130... so confusing.. PLEASE HELP

Old Apr 20th 2022, 12:37 am
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Default I130... so confusing.. PLEASE HELP

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!
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Old Apr 20th 2022, 12:53 am
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Default Re: I130... so confusing.. PLEASE HELP

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.
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Old Apr 20th 2022, 2:03 am
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Default Re: I130... so confusing.. PLEASE HELP

Originally Posted by TakeTheSky1138 View Post
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!
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


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Old Apr 20th 2022, 3:58 am
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Default Re: I130... so confusing.. PLEASE HELP

The current version of form I-130 is dated July 20 2021. Conventional wisdom is to use the current version.
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Old Apr 20th 2022, 4:03 am
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Default Re: I130... so confusing.. PLEASE HELP

Originally Posted by tht View Post
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
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.
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Old Apr 20th 2022, 4:32 am
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Default Re: I130... so confusing.. PLEASE HELP

Originally Posted by TakeTheSky1138 View Post
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!
Are you currently in the US? I-130 Part 4 items 46a-d are only completed if the beneficiary is currently in the US.
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Old Apr 20th 2022, 6:33 am
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Default Re: I130... so confusing.. PLEASE HELP

Okay the issue is sorted. Thankou, you guys are the best!!
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Old Apr 20th 2022, 11:37 pm
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Default Re: I130... so confusing.. PLEASE HELP

Originally Posted by Pulaski View Post
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.
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.
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Old Yesterday, 12:13 pm
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Default Re: I130... so confusing.. PLEASE HELP

Originally Posted by TakeTheSky1138 View Post
Okay the issue is sorted. Thankou, you guys are the best!!
Hi TakeTheSky1138, what did you put for this in the end? Mine was sent with this blank as I was in the same situation.
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Old Yesterday, 4:49 pm
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Default Re: I130... so confusing.. PLEASE HELP

Originally Posted by Almostexpat View Post
Hi TakeTheSky1138, what did you put for this in the end? Mine was sent with this blank as I was in the same situation.
As you can, he has not been around since April, 2021. Don't think you will be hearing from him.
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Old Yesterday, 5:13 pm
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Default Re: I130... so confusing.. PLEASE HELP

Originally Posted by Rete View Post
As you can, he has not been around since April, 2021. Don't think you will be hearing from him.
Ah, thought that was this year. Any idea on it?
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Old Yesterday, 5:48 pm
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Default Re: I130... so confusing.. PLEASE HELP

Originally Posted by Almostexpat View Post
Ah, thought that was this year. Any idea on it?
So, what is your situation? Is the beneficiary currently in the US?
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Old Yesterday, 6:38 pm
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Default Re: I130... so confusing.. PLEASE HELP

Originally Posted by newacct View Post
So, what is your situation? Is the beneficiary currently in the US?
No in the UK. Spouse of a US citizen. We’re both living here.
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Old Yesterday, 6:40 pm
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Default Re: I130... so confusing.. PLEASE HELP

Originally Posted by Almostexpat View Post
No in the UK. Spouse of a US citizen. We’re both living here.
Well, according to the I-130 form, Part 4 #46a-d are only completed if the beneficiary is currently in the US.
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Old Yesterday, 8:20 pm
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Default Re: I130... so confusing.. PLEASE HELP

Originally Posted by newacct View Post
Well, according to the I-130 form, Part 4 #46a-d are only completed if the beneficiary is currently in the US.
Oh thank you for that. Slight panic over. Apologies for that
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