I-130 & I-129F

[m_m 0]

I have applied both I-130 & I-129F and got NOA1 for both from CSC

On I-130, Section C, question 22, "Complete the information below if your relative is in the United States", since spouse is living abroad, I did not fill in this question.

I recently found that subsection in question 22 ask for "Consular Post".

My question is, since I did not answer this question, but on I-129F, I indicated the consular post, will I-130 be sent to NVC on approval or can i expect RFE to complete that information?

Should I send this missing information in seperate mail indicating receipt notice?

Thanks in advance

[mlybrand 0]

I have applied both I-130 & I-129F and got NOA1 for both from CSC

On I-130, Section C, question 22, "Complete the information below if your relative is in the United States", since spouse is living abroad, I did not fill in this question.

I recently found that subsection in question 22 ask for "Consular Post".

My question is, since I did not answer this question, but on I-129F, I indicated the consular post, will I-130 be sent to NVC on approval or can i expect RFE to complete that information?

Should I send this missing information in seperate mail indicating receipt notice?

Thanks in advance

I wrote in "N/A" in this, since question 22 clearly states to fill it out only if the non-citizen is in the US. I understand the part you refer to to mean that the non-citizen would go abroad to complete the process, and you could request where you would like that to be (whether the home country or some third country... i.e. in my case, if my wife were here I could either put the consulate in Lima, or I could choose some other country like, say, Mexico. The text in 22 indicates that they do not have to honor this request.

In any event, it sounds like your sitch is like mine in that your love is still in her home country. If this is the case, 22 does not apply to you.

If I am mistaken, I hope others more knowledgeable than me will step in and set me straight.

Good luck.

Mark

[canadian_wife 1,829]

Question 22 on the I-130 is actually a 2 part question. Part A, in your case, would be 'n/a' since your spouse is not in the US and cannot adjust status. Part B is asking where the petition will be sent abroad if your spouse is not eligible for AOS. IN this case you would put the city/county of the consular you spouse will be interviewing in. I am not sure how it works in India but in Canada only 1 consulate does CR-1 processing so we put n/a for the first part of question 22 and "Montreal/Canada" for the 2nd part.

Since you didn't answer this part on the I-130 you may get an RFE for it, but I am not sure if they will check the I-129F for that information as well. There was a time when any blank left on the I-130 triggered an RFE but I'm not seeing that so much these days

Good luck.

Edited August 10, 2009 by canadian_wife