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Arrived on ESTA (VWP), filling out i-130, i-130a and i-485 and have questions

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  • Arrived on ESTA (VWP), filling out i-130, i-130a and i-485 and have questions

    Hi there,

    I apologize in advance for the lengthy post, but wanted to give you as much info as possible.

    Here is my background story:

    I'm a US citizen, my husband is a Portuguese citizen, we have two kids who are 2 and 4, both were born in the US. I have been traveling back and forth US/Portugal trying to keep the family together for the past 5 years. Although I've been traveling back an forth my legal residence has always been in the US (NYC) and I have filed my taxes every year.

    My husband arrived to the US for the first time last year under the Visa Waiver Program from Portugal so he could meet my family, towards the end of his stay we decided to get married because we thought it would be nice for my parents to witness the marriage and so we got married a few days (October 2nd,2017) before his 90 days were up. We left the US on October 12, 2017 happily married, 2 days before his time was up. We decided to travel again back to the states on April 3rd, 2018, once again he entered under the VWP without any issues and barely any questions. Now that we are here and getting closer to his 90 days being up, we have decided that we want to stay, the kids are very happy and have gotten very attached to their grandparents and my oldest is at the point that he has to go to school and we are thinking he needs stability.

    I believe my husband is a good candidate to receive a green card. So I started filling out the necessary forms i-130, i-130a and i-485 but I have a few questions I don't know how to answer and would GREATLY appreciate your help!

    ******* i-130 *******

    ---- Part 4 - Information about beneficiary---

    Question 1. Alien Registration Number (A-Number) (if any) -- can I leave this blank or should I write in "N/A"?
    Question 2. USCIS Online Account Number (if any) -- can I leave this blank or should I write in "N/A"?
    Question 3. U.S. Social Security Number (if any) -- can I leave this blank or should I write in "N/A"?

    Question 22. Date Marriage Ended (mm/dd/yyyy) -- can I write "Still Married" or leave blank? He has only been married once, our current marriage.

    Question 48. Travel Document Number -- "N/A" or leave blank?

    --We lived together while we were abroad while I was traveling to stay with him for a few months at a time. And we are living together now in FL were my parents live because this is where we are staying. But he is supposed to be visiting under ESTA, so does this really count as us living together here in the states? Should I use my current address in FL where we plan to stay? And if so how can I answer questions 60.a, we arrived on April 3, 2018 to my parents house and have been here since together, but only decided to stay yesterday June 4th, 2018? When does his residency in the US actually begin in the eyes of the government?--

    If filing for your spouse, provide the last address at which you physically lived together.
    Question 60.a. Date From (mm/dd/yyyy) ???


    ******* i-130a *******

    ------- Part 1. Information About You--------

    --Arrived 4/3/2018 to FL, decided to stay here in FL 6/4/2018 what date do we use for the date address history? The other address would be in Portugal but he hasn't been there since April when we left for our trip. When does his residency in the US actually begin in the eyes of the government? ---

    Address History
    Question 5.a. Date From (mm/dd/yyyy) -- ???
    Question 5.b. Date To (mm/dd/yyyy) -- Present


    ******* i-485 *******

    ---Part 1---

    Recent Immigration History
    Question 16. Travel Document Number Used at Last Arrival -- "N/A" or leave blank? Answered question 15 with passport#
    Question 19. Nonimmigrant Visa Number from this Passport (if any) -- "N/A" or leave blank?
    Question 22.a. Was inspected at a port of entry and admitted as (for example, exchange visitor; visitor, waived through; temporary worker; student): -- "WT- ESTA VWP" or something else?
    Question 24. What is your current immigration status (if it has changed since your arrival)? - "WT" or something else? I'm assuming it's the same since we have not filed any of the docs yet?


    HUGE THANK YOU in advance for any help!!!!
    Last edited by VivianaFL; 06-06-2018, 11:53 AM. Reason: Found I-94 info!

  • #2
    Im in the same situation

    Hi, I have read your thread, and wanting to know what happened to your application I did mine in November, 2018. came here on ESTA. and want to know how they treat European citizen?

    Thanks in advance. (very new to this forum)

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