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Maagiclady

I130 form question

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I read this in a group on Facebook.  This is only to be filled out if your spouse is currently IN the US,  correct?  If they are not in the US this should have been left blank or marked N/A ? Or were we supposed to name a foreign consulate here,  if they are still in their country?

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hi

 

it gives you the option, you have to fill out one side or the other, because it is one form for all, there is no separate form for only those who will go through consular processing or only one form for those adjusting status in the US

 

if the person will go through consular processing, you fill out the consulate, embassy and city

 

if the person is adjusting status in the us, you only fill out the part where it says city or state where the beneficiary will have the interview

 

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Ok ib decided to research this deeper and the concensus is that it is ONLY if the beneficary is IN the US  and the two options are I'd they qualify to adjust status or not. 

 

If they are NOT  in the US, then you mark this N/A and skip this question.

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12 minutes ago, Maagiclady said:

Ok ib decided to research this deeper and the concensus is that it is ONLY if the beneficary is IN the US  and the two options are I'd they qualify to adjust status or not. 

 

I don't think you should skip this question. See bullet point number 2. If your spouse is living abroad then by default they are NOT eligible to adjust status while remaining in the US, thus you should fill out the city/country (i.e., the country they're currently living in) where they will attend their consular interview. For example, my wife is currently living in India. Immigrant visa interviews are conducted at Mumbai and New Dehli. So I left the left two boxes blank and wrote in New Dehli, India on the right two boxes. 

 

You should look at the example I-130 form located on the VisaJourney website. In this hypothetical example, the beneficiary is located in Australia and so they will undergo consular processing at Sydney, Australia. Notice that the left two boxes have been left blank.

Edited by agripa

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