Question:

I-130 application for my wife?

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I am applying for the adjustment of status of my wife who is presently in US on a tourist visa. I am permanent resident. I have some confusion in filling out the form. The first one is regarding # 14, do I have to write the plade and date I entered USA or the date I got the PR and the category? My second question is My wife has a different last name and in our marriage certificate she has her previous family name accompanied by my family name, while filling the last name what should I write? and lastly # 22 , now she is corrently in USA and we live in Maryland, in which office should we file for permanent resident?

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  1. first you must be a citizen for her to qualify

    #14 for you= write in the date you were given your permanent resident

    #14 for her= when she enter the USA she was given B-2 it has some information on it that she need to write. hope she still has that receipt that the immigration officer stamp the B-2 when she first enter the USA.

    Also make sure your marriage certificate is notarize.

    in which office should we file for permanent resident?

    If you live in one of these States, mail your application or petition to the Vermont Service Center:

    Connecticut

    Delaware

    District of Columbia

    Maine

    Maryland

    Massachusetts

    New Hampshire

    New Jersey

    New York

    Pennsylvania

    Puerto Rico

    Rhode Island

    Vermont

    Virgin Islands

    Virginia

    West Virginia

    Premium Processing: Petitions/applications being filed under the Premium Processing program should be filed at the following address:

    Premium Processing

    USCIS Vermont Service Center

    30 Houghton Street

    St. Albans, VT 05478-2399

    Your local field office is in Baltimore.


  2. No can do.

    Your wife cannot adjust status because an immigrant visa is NOT immediately available for her.  In order to file an I-485, and stay in the USA, the visa must be available right now, immediately.  That's not the case with her.

    As the spouse of a permanent resident there is a wait of about 5 and 1/2 years for a visa number to become available.  She cannot wait in the USA.

    14B is about you.

    Name- write whatever you want, just be consistent.  On line 7C put the other names she has/can use.

    Forget about line 22 because she's not eligible.

    If you are the petitioner and you reside in Maryland and you are filing only Form I-130, mail the petition to the USCIS Lockbox Facility. The address is as follows:

    USCIS

    P.O. Box 804616

    Chicago, IL 60680-4107

  3. I don't think she'll be able to stay in the US while the paperwork goes through.  If she overstays her tourist visa, she could be deported and that will make it harder for her to come next time.

    If #14 says to enter the date & place you entered the US, that's what you write - the date you arrived, and the name of the airport, or whatever.

    For your wife's last name, put whatever is on her passport or other official ID.

    As for which office to file at, go to the USCIS website to see.  We live in Virginia, and most of my husband's paperwork has had to go to the Vermont Service Center.

    Good luck.

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