clarification on question #22 on the I-130 form

[bujee 0]

I am filling out the I-130, need some clarification about question #22 on the I-130 form states:

22. Complete the information below if your relative is in the United States and will apply for adjustment of status.If your relative is not eligible for adjustment of status, he or she will apply for a

visa abroad at the American consular post in:________________________________

Since I will not be in the united states, where exactly do I apply for a visa living in Ontario? thanks for your help with this.

[Ryan H 3,798]

Since I will not be in the united states, where exactly do I apply for a visa living in Ontario? thanks for your help with this.

Montreal

[Samoray 165]

I am filling out the I-130, need some clarification about question #22 on the I-130 form states:

22. Complete the information below if your relative is in the United States and will apply for adjustment of status.If your relative is not eligible for adjustment of status, he or she will apply for a

visa abroad at the American consular post in:________________________________

Since I will not be in the united states, where exactly do I apply for a visa living in Ontario? thanks for your help with this.

You don't have to fill this information as the beneficiary is not in the united states

if both the Petitioner (USC) and the beneficiary live in the same country then you would be filing from the consulate abroad.

[canadian_wife 1,802]

Yes, you do fill out this part, you put "Montreal" where it asks what consular post abroad you will apply for your visa at. Montreal is the only consulate that does CR-1 interviews

NEVER leave a part blank on these forms

Good luck

Edited November 7, 2010 by canadian_wife

[Samoray 165]

I thought you need to fill in this question only if you are currently in the united states with a visa and you wish to apply for adjustment of status.

[Ryan H 3,798]

I thought you need to fill in this question only if you are currently in the united states with a visa and you wish to apply for adjustment of status.

When you first glance at that section, I could see where you would think that. However, towards the right of the page (and not in bold on the form, it says this:

If your relative is not eligible for adjustment of status, he or she will apply for a

visa abroad at the American consular post in:

Then it asks for city and country.

NEVER leave a part blank on these forms

Agreed. Leaving any part blank on these forms will very likely result in an RFE for that information.

[OBX 51]

Yes, you do fill out this part, you put "Montreal" where it asks what consular post abroad you will apply for your visa at. Montreal is the only consulate that does CR-1 interviews

NEVER leave a part blank on these forms

Good luck

Montreal it is.

[Samoray 165]

That's correct but eligibility or ineligibility is only if you were in the states and irrelevant if you were not cause you wouldn't have a status (visa) to start with.

at least that's what i understand but i appreciate your point of view.

[mrs.T 1]

When you first glance at that section, I could see where you would think that. However, towards the right of the page (and not in bold on the form, it says this:

Then it asks for city and country.

Agreed. Leaving any part blank on these forms will very likely result in an RFE for that information.

very good! There are 2 question with 2 separate columns! One is on the left(for the AOS - not your case) and one on the right(for the CR1). Put N/A on the columns on

the left(city & state) and put Montreal, Canada on the right.

Good luck and welcome to the club

[mrs.T 1]

That's correct but eligibility or ineligibility is only if you were in the states and irrelevant if you were not cause you wouldn't have a status (visa) to start with.

at least that's what i understand but i appreciate your point of view.

Samoray,

There are 2 separate questions! One it's for the ones that are currently in the us while the I130 it's filed followed by the AOS + AP etc...

And the second one for the ones that will apply for a visa (CR1) like you! What did you put on yours?

[Samoray 165]

Samoray,

There are 2 separate questions! One it's for the ones that are currently in the us while the I130 it's filed followed by the AOS + AP etc...

And the second one for the ones that will apply for a visa (CR1) like you! What did you put on yours?

Hello mrs.T

I have put N/A on this question actually

I did some research i found this line by line instructions http://www.***removed***/forms/i-130-petition-for-alien-relative.html that goes through each of these questions and supports my opinion but not trying to convince anyone with it though, i am just mentioning it and i am learning from the process.

Good Luck to all of us

[mrs.T 1]

Hello mrs.T

I have put N/A on this question actually

I did some research i found this line by line instructions http://www.***removed***/forms/i-130-petition-for-alien-relative.html that goes through each of these questions and supports my opinion but not trying to convince anyone with it though, i am just mentioning it and i am learning from the process.

Good Luck to all of us

Samoray,

You're right! I read the link, Q 22 - the info there it's incomplete and confusing for the most part!The first sentence it's ok but the last one it's wrong! A K3 visa allows you to finalize the process in the us while the I130 is aproved.Plus, they left out the CR1! hmmm...

Everybody should have a look at the link posted by Samoray.

[tamodbx 0]

I miss read #22 question and wasted lot of time!!! I put N/A. My wife is oversea in the Philippines and I have to put the closes embassy which is Manila. I think lot of people mess up this question. They need to update and clarify this one big time!

[diphen 0]

It did happens with our case i put N/A on Q 22(A) and q22(B)....but later on i had to correct the Q22(B) with Consulate city and Country by sending them explaining latter to correct Q22(B) to USCIS....so if you put N/A on all 4 blank area there will be RFE

[BK21 1]

Hello mrs.T

I have put N/A on this question actually

I did some research i found this line by line instructions http://www.***removed***....n-relative.html that goes through each of these questions and supports my opinion but not trying to convince anyone with it though, i am just mentioning it and i am learning from the process.

Good Luck to all of us

I agree with you the question is "complete if your relative is in us and will apply for adjust of status"

if not in us then the answer should be N/A

I also put N/A on all three lines.