I-130

[m_m 0]

since Section C Question 22 ask to "Complete the information if your relative is in the United States and will apply for adjustment of status", I did not fill anything in this as my spouse is outside US. Subsection of this ask for "If your relative is not eligible for adjustment of status, consular post". I did not fill this either.

Anyone else who got approved and did not answer Q22 share your experience?

1) Did your case got transferred to NVC or

2) you got RFE to answer this question or

3) your case was approved and retained to adjust status requesting to file I-824 to send to NVC?

Thanks in advance

[BunzTheMagicSnail 2]

i did a search and found this:

http://www.visajourney.com/forums/index.ph...uestion+22+I130

it's a frequently debated issue on vj

maybe some ppl have some recent experiences they can share with us because i am interested in knowing as well

[justcheckin 0]

i did a search and found this:

http://www.visajourney.com/forums/index.ph...uestion+22+I130

it's a frequently debated issue on vj

maybe some ppl have some recent experiences they can share with us because i am interested in knowing as well

It has just happened to my daughter's approved petition. They said her I-130 indicated adjustment of status which is not true because she's outside of the US and we didn't specify adjustment of status elsewhere. In any case the petition is now in limbo and USCIS is saying they will change it to NVC on their own but who knows if they will. Obviously a foreign address should be a good enough indication of consular processing. I'm supposed to call them again in 2 weeks.

[BunzTheMagicSnail 2]

It has just happened to my daughter's approved petition. They said her I-130 indicated adjustment of status which is not true because she's outside of the US and we didn't specify adjustment of status elsewhere. In any case the petition is now in limbo and USCIS is saying they will change it to NVC on their own but who knows if they will. Obviously a foreign address should be a good enough indication of consular processing. I'm supposed to call them again in 2 weeks.

did they give that as the specific reason?

[Anh map 2,098]

Did you consult the Example Form here on VJ? They are wonderful resources that can guide you along the way.

Looking at the example form you would want to answer with the location of the embassy/consulate where the interview will take place.

[justcheckin 0]

Did you consult the Example Form here on VJ? They are wonderful resources that can guide you along the way.

Looking at the example form you would want to answer with the location of the embassy/consulate where the interview will take place.

The problem is I'm using an attorney who instead of peace of mind is giving me a constant headache. I think they didn't enter anything for the question about adjustment of status versus consular processing. I know the form is really bad because there should be a specific question where you could check off what you want to do but listing a foreign address of the beneficiary as well as the fact that the beneficiary has not entered the US at all should suffice.

In any case USCIS on the phone today said no I-824 is needed because I did not intend to go the adjustment of status path. Well, I hope they will do exactly what they said and send the petition to NVC.

I'm firing the attorney by the way.

[Jamaican JNR 2]

since Section C Question 22 ask to "Complete the information if your relative is in the United States and will apply for adjustment of status", I did not fill anything in this as my spouse is outside US. Subsection of this ask for "If your relative is not eligible for adjustment of status, consular post". I did not fill this either.

Anyone else who got approved and did not answer Q22 share your experience?

1) Did your case got transferred to NVC or

2) you got RFE to answer this question or

3) your case was approved and retained to adjust status requesting to file I-824 to send to NVC?

Thanks in advance

You have to answer all the questions; either N/A where applicable.

[m_m 0]

The problem is I'm using an attorney who instead of peace of mind is giving me a constant headache. I think they didn't enter anything for the question about adjustment of status versus consular processing. I know the form is really bad because there should be a specific question where you could check off what you want to do but listing a foreign address of the beneficiary as well as the fact that the beneficiary has not entered the US at all should suffice.

In any case USCIS on the phone today said no I-824 is needed because I did not intend to go the adjustment of status path. Well, I hope they will do exactly what they said and send the petition to NVC.

I'm firing the attorney by the way.

Good to know no I-824 since that can take some time to process. Are you working on this through Customer Service 800 number and were they the one to tell I-824 is not needed. They mention they do not have access to see the petition. How they are able to tell you did not intend to go the adjustment of status path without looking at the petition?

[BunzTheMagicSnail 2]

bumping

[justcheckin 0]

They could see the details of the petition in their system (such as an overseas address) but they can't physically send the petition to NVC.

According to a USCIS rep (800 number) they shipped my application in a crate with thousands of others to some sort of facility. In order to send it to NVC they will have to receive it there and pull it out. This is why nothing can be done at this point until the file physically gets out of that crate.

And yes the explanation was that since my daughter's address is abroad and she's not in the US she is not going to adjust status and this should have been captured by USCIS before deciding about the adjustment of status.

The form is poorly designed and it should have a separte field to select what you want to do and not lump the adjustment of status and consular processing together in one question.

The attorney should have known better which is why I'm firing him.

[BunzTheMagicSnail 2]

They could see the details of the petition in their system (such as an overseas address) but they can't physically send the petition to NVC.

According to a USCIS rep (800 number) they shipped my application in a crate with thousands of others to some sort of facility. In order to send it to NVC they will have to receive it there and pull it out. This is why nothing can be done at this point until the file physically gets out of that crate.

And yes the explanation was that since my daughter's address is abroad and she's not in the US she is not going to adjust status and this should have been captured by USCIS before deciding about the adjustment of status.

The form is poorly designed and it should have a separte field to select what you want to do and not lump the adjustment of status and consular processing together in one question.

The attorney should have known better which is why I'm firing him.

i completely agree

[cougar82 0]

I made the same mistake and I called the California Service Center, they told me to send them a letter explaining that I had missed Question 22 part B. But once they received the letter they just sent it back to me saying if they need further paperwork they will request it. So I guess its a waiting game now till the approval comes to find out what the next step is.

Justcheckin-Did you receive a NOA2 for your daughter already? Or was your paper work shipped even before you got your NOA2?

[OBX 51]

since Section C Question 22 ask to "Complete the information if your relative is in the United States and will apply for adjustment of status", I did not fill anything in this as my spouse is outside US. Subsection of this ask for "If your relative is not eligible for adjustment of status, consular post". I did not fill this either.

Anyone else who got approved and did not answer Q22 share your experience?

1) Did your case got transferred to NVC or

2) you got RFE to answer this question or

3) your case was approved and retained to adjust status requesting to file I-824 to send to NVC?

Thanks in advance

I would agree that question is poorly designed. We neglected to fill in that section but were approved without problem. (I did worry the entire time waiting for approval however!)

[justcheckin 0]

I made the same mistake and I called the California Service Center, they told me to send them a letter explaining that I had missed Question 22 part B. But once they received the letter they just sent it back to me saying if they need further paperwork they will request it. So I guess its a waiting game now till the approval comes to find out what the next step is.

Justcheckin-Did you receive a NOA2 for your daughter already? Or was your paper work shipped even before you got your NOA2?

The petition was approved on August 3rd (NOA2). It instructed us to adjust status and that's the problem.

[Master5 12]

since Section C Question 22 ask to "Complete the information if your relative is in the United States and will apply for adjustment of status", I did not fill anything in this as my spouse is outside US. Subsection of this ask for "If your relative is not eligible for adjustment of status, consular post". I did not fill this either.

Anyone else who got approved and did not answer Q22 share your experience?

1) Did your case got transferred to NVC or

2) you got RFE to answer this question or

3) your case was approved and retained to adjust status requesting to file I-824 to send to NVC?

Thanks in advance

I did the same, I left whole question 22 blank for both my cases and I believe this is the correct way to do it if the relative is outside of US and no AOS will be done. Both cases are at NVC right now.