Question about I-130 question number 22

[heyusa 118]

Hello,

do I understand correctly that if my USC husband is petitioning for my CR-1 visa, but I am not in the USA (neither is he, he is in my home country with me), this question doesn't apply to us???

Since it says "complete the information below IF YOUR RELATIVE IS IN THE UNITED STATES and will APPLY FOR ADJUSTMENT OF STATUS"....

The part that confuses me is the second part, "if your relative is not eligible for aos, he or she will apply for a visa abroad at the American consular post in..." - so do we put the consular post where I am going to eventually have my interview or does the whole question not apply to us? please help

22. Complete the information below if your relative is in the United States and will apply for adjustment of status.

Your relative is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the USCIS office in: (City) (State)

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:

(City) (Country

NOTE: Designation of a U.S. embassy or consulate outside the country of your relative's last residence does not guarantee acceptance for processing by that post. Acceptance is at the discretion of the designated embassy or consulate.

[heyusa 118]

ah, never mind.. dumb question.. . I think the answer is obvious and we can answer this with N/A....

[B&Z 201]

Write N/A on the left side; on the right side, write the name of the city and country where the US Consulate is where you think he'll be interviewing.

Edited August 16, 2016 by B&Z

[Ryan H 3,902]

It's a two part question albeit poorly worded; for your case, the left two lines are N/A and the right two lines are the country and location of interview.

[heyusa 118]

Write N/A on the left side; on the right side, write the name of the city and country where the US Consulate is where you think he'll be interviewing.

I am the intending immigrant, so I will be interviewed, but anyway... Are you sure this question still applies to us...? I found this ''Question 22: This question is only for immigrants who are already living in the U.S. and planning to apply for adjustment of status. See a lawyer if unsure whether the immigrant qualifies to use this application procedure. As a backup, you will also need to list the consulate in the immigrant's home country. USCIS will figure out which consulate your case will be sent to, based on where the immigrant lives and which of the State Department's consulates in that country actually handle immigrant visas. If the country listed doesn’t have diplomatic relations with the United States, USCIS will locate a consulate in a nearby country to handle the case. (Note: You’d handle this question differently if applying for a K-3 visa, instead; K-3 applicants need to apply through the consulate in the country where the wedding was held or, if it was held in the U.S., in the country of the immigrant's residence.)'' on http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter7-8.html ...

...?

[heyusa 118]

It's a two part question albeit poorly worded; for your case, the left two lines are N/A and the right two lines are the country and location of interview.

Thanks for the answer! SO even though the question starts with ''complete the information below IF YOUR RELATIVE IS IN THE UNITED STATES and will APPLY FOR ADJUSTMENT OF STATUS'', I should just ignore that and answer the other part anyway??

I found this ''Question 22: This question is only for immigrants who are already living in the U.S. and planning to apply for adjustment of status. See a lawyer if unsure whether the immigrant qualifies to use this application procedure. As a backup, you will also need to list the consulate in the immigrant's home country. USCIS will figure out which consulate your case will be sent to, based on where the immigrant lives and which of the State Department's consulates in that country actually handle immigrant visas. If the country listed doesn’t have diplomatic relations with the United States, USCIS will locate a consulate in a nearby country to handle the case. (Note: You’d handle this question differently if applying for a K-3 visa, instead; K-3 applicants need to apply through the consulate in the country where the wedding was held or, if it was held in the U.S., in the country of the immigrant's residence.)'' on http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter7-8.html ...

Edited August 17, 2016 by heyusa

[B&Z 201]

Technically, question 22 is two different questions. The left side applies to those who are in the US and are adjusting status. The right side applies to those who are outside of the US and interviewing at a US Consulate abroad. So yes, the right side applies to you, but not the left side.