#22 on I-130

[GeorgiaPeach 2]

I'm nearly ready to get this I=130 and supporting documents off, but I keep getting caught up on question 22.

Can someone help me?

It asks, "Complete the information below if your relative is in the U.S. and will apply for adjustment of status." At first, I just thought, well, we are in Scotland, so this section does not pertain to us. Therefore, I wrote N/A in all areas of this section. However, I then went on to read the second part of this where it says, "If your relative is not eligible for AOS, he or she will apply for a visa abroad at the American consular post in..."

Am I supposed to be putting London, England (where we are sending our documents) in this space?

My hubby and I both reside in the UK and are applying to the London Consular/Embassy with all of our documents. We will not be in the US until this immigration process is complete. We do not need to apply for AOS at all, so I am very confused by this. Can anyone shed any light?

[Hypnos 6,576]

I originally thought your interpretation was correct when someone asked a similar question a few days ago but have since come to realise that it means something else. Sometimes, even when people are in the US and file an I-130 they are not eligible to file for AoS, so even though they are in-country they will have to leave the US to pursue their visa application. On occasion it is not readily apparent whether a person in the US is or is not eligible for in-country AoS, hence that line.

So providing you are not filing an I-485 for AoS with that I-130 it should always be left blank.

Edited October 25, 2012 by Hypnos

[GeorgiaPeach 2]

That's what I was thinking, but you never can be too sure of these things! Thanks very much for your reply!

[pushbrk 12,969]

I originally thought your interpretation was correct when someone asked a similar question a few days ago but have since come to realise that it means something else. Sometimes, even when people are in the US and file an I-130 they are not eligible to file for AoS, so even though they are in-country they will have to leave the US to pursue their visa application. On occasion it is not readily apparent whether a person in the US is or is not eligible for in-country AoS, hence that line.

So providing you are not filing an I-485 for AoS with that I-130 it should always be left blank.

NO, for any beneficiary that will apply for a visa leave none of that section blank. Put N/A for the city they will adjust status and the City and Country where the Consulate or Embassy is located, if they will apply for a visa. Treat the sentences independently. One is either adjusting status or applying for a visa. The "in the..." only applies when adjusting status.

You can see the example forms for confirmation.

Edited October 26, 2012 by pushbrk

[Hypnos 6,576]

I do not believe that is correct.

The heading on the section clearly states "Complete the information below if your relative is in the United States and will apply for adjustment of status" (emphasis mine).

[rade2rising 205]

I left it blank and it was not an issue, so do as you wish.

[Darnell 8,478]

I'm nearly ready to get this I=130 and supporting documents off, but I keep getting caught up on question 22.

However, I then went on to read the second part of this where it says, "If your relative is not eligible for AOS, he or she will apply for a visa abroad at the American consular post in..."

Am I supposed to be putting London, England (where we are sending our documents) in this space?

YES ! <EOM>

[NikLR 13,227]

If the beneficiary is in the USA you do the part for the AOS. If the beneficiary is NOT in the USA you put n/a and then you fill in the consulate or embassy in which their interview will be held.

[pushbrk 12,969]

I do not believe that is correct.

The heading on the section clearly states "Complete the information below if your relative is in the United States and will apply for adjustment of status" (emphasis mine).

That sentence refers to the left side. The second sentence stands alone and refers to the right side. Take it to the bank.

[pushbrk 12,969]

I left it blank and it was not an issue, so do as you wish.

Yes, you can get away with that in most cases but it's still wrong. If they see on page one that the beneficiary has never been or is not in the USA, the I-130 will go to NVC and NVC will assign it to the Consulate or Embassy that serves the address stated for the Beneficiary.

[GeorgiaPeach 2]

All of the conflicting information can be very confusing! I ended up putting N/A in all 4 blanks, as I kept going back to the bold headline statement that said, "If the beneficiary is in the US and will apply for AOS." I sure do hope this won't be an issue, as it is in the post & scheduled for Monday delivery to the London US embassy. Fingers crossed!

I left it blank and it was not an issue, so do as you wish.

Did you apply at the London embassy? How long has your process taken you?

[Hypnos 6,576]

I believe that my interpretation is correct (and N/A should be acceptable for all boxes under that section), however, like all other posts here it is merely an opinion and not fact.

I doubt you will have any issues at all.

[NikLR 13,227]

Worst case scenario is probably a RFE.

To be honest, I've asked questions that other people may have thought were dumb but I'm not American and find some American forms a little difficult because I'm not. I just find the format or wording a little odd to me occasionally. Thankfully my husband is a pro at US forms being that he is former USAF for 8 years. My answer is what he did on our form.

[pushbrk 12,969]

I believe that my interpretation is correct (and N/A should be acceptable for all boxes under that section), however, like all other posts here it is merely an opinion and not fact.

I doubt you will have any issues at all.

I'm sorry but your opinion is "wrong" and what I have stated IS "fact". The OP is filing DCF in London so the error will not have a consequence.

[The Mean Lady 604]

I'm sorry but your opinion is "wrong" and what I have stated IS "fact". The OP is filing DCF in London so the error will not have a consequence.

Since you seem to be the most knowledgeable, I answered NONE NONE for the left side and MONTREAL CANADA for the right side. I am in the US, he is in Canada, we will be sending the I130 to Chicago. Did I do this correctly?

It's amazing how just by lurking the forums, you realize you answered something wrong.