Urgent: Please explain these words in I-130 approval notice

[marwan1307 0]

Hello,

Thankfully, we have received the approval notice for I-130 (and for the I-129) for my K3.

My wife actually is in the united states at this time as she was admitted as a tourist (she did

tell the officer that she is visiting her husband at the time she came in, and the officer

admitted her).

My wife was planning to go back to Jordan to get her K3 visa, and then re-enter on this K-3.

However, on the I-130 approval notice, we saw these words:

"... The above petition has been approved. The petition indicates that the person for whom you

are petitioning is in the united states and will apply for adjustment of status ..."

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Notice that the approval notice indicated that my wife "is in the united states" !!!

My question is:

- Is this the standard template, or

- Is this because INS knows that my wife is in the united states?

If it is the latter, then my wife should change her plan and apply for I485 directly rather than having

to go back, get her k3, enter on the k3, and then apply for I485.

Thanks,

--Marwan

[YuAndDan 153]

Sounds like USCIS expects you to just file an I-485 along with the copy of I-130 approval notice, and interview for the green-card in the USA without bothering with returning to foreign consulate for the K-3.

I would read up on this in this guide: http://www.visajourney.com/forums/index.ph...page=i130guide2

[dodson01 0]

Sounds like USCIS expects you to just file an I-485 along with the copy of I-130 approval notice, and interview for the green-card in the USA without bothering with returning to foreign consulate for the K-3.

I would read up on this in this guide: http://www.visajourney.com/forums/index.ph...page=i130guide2

I believe that this is standard language.

[pushbrk 13,079]

Hello,

Thankfully, we have received the approval notice for I-130 (and for the I-129) for my K3.

My wife actually is in the united states at this time as she was admitted as a tourist (she did

tell the officer that she is visiting her husband at the time she came in, and the officer

admitted her).

My wife was planning to go back to Jordan to get her K3 visa, and then re-enter on this K-3.

However, on the I-130 approval notice, we saw these words:

"... The above petition has been approved. The petition indicates that the person for whom you

are petitioning is in the united states and will apply for adjustment of status ..."

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Notice that the approval notice indicated that my wife "is in the united states" !!!

My question is:

- Is this the standard template, or

- Is this because INS knows that my wife is in the united states?

If it is the latter, then my wife should change her plan and apply for I485 directly rather than having

to go back, get her k3, enter on the k3, and then apply for I485.

Thanks,

--Marwan

That is the current standard language when both petitions are approved. They will hold the I-130 for AOS because they expect her to adjust status in the US after she arrives using the K3 visa, not now.

[JohnWendy 0]

That is the standard template! I think she is still required to return to the foreign consulate for the K3 interview or she would have no basis for the AOS

Edited January 5, 2008 by JohnWendy

[edp333 9]

This has been the standard language on the I-130 I-797c (NOA2) when applying for a K3 visa. I know the USCIS has been using this language since October 2007 or before.

As pushbrk mentioned, when you apply for a K3 visa it is standard procedure for the USCIS to hold the I-130 for Adjustment of Status. You will also notice that the I-129F petition states it will be forwarded to NVC.

Edited January 5, 2008 by edp333

[Alt name 1]

They are expecting her to receive her K3 from the embassy in her home country, enter on a K3, and then apply for AOS. We got the same language in our I130 approval notice.

[desert_fox 32]

How did you answer question 22 of the I-130??

Did you state that your wife was in the US and would adjust status here??

[gwenneh 7]

That is the standard template.