Confused about which embassy

[soza 0]

Hi All,

Ive been searching VJ for an answer to my question but cannot find specific info for my situation. My non-USC wife and I (im a USC) got married in Toronto, Canada but she is a citizen of India and currently living in India. I filed the I-130 for my wife via the Calif Service Center back in September 2009. If I get approved, which US embassy/consulate will the NVC forward my case to? Canada or India? If it is Canada is it advisable to change the embassy to one in Inda since that is where she currently is?

Ive been getting different answers form the NVC and USCIS customer service.

Appreciate all your help!

Sid

[VanessaTony 3,567]

Hi All,

Ive been searching VJ for an answer to my question but cannot find specific info for my situation. My non-USC wife and I (im a USC) got married in Toronto, Canada but she is a citizen of India and currently living in India. I filed the I-130 for my wife via the Calif Service Center back in September 2009. If I get approved, which US embassy/consulate will the NVC forward my case to? Canada or India? If it is Canada is it advisable to change the embassy to one in Inda since that is where she currently is?

Ive been getting different answers form the NVC and USCIS customer service.

Appreciate all your help!

Sid

It depends on what you wrote on the form. If you wrote that she is living in India then it will be sent to India. You could get married in Antarctica but that's irrelevant to the process, where she's living is what matters.

Hope that helps.

[canadian_wife 1,822]

How did you answer question #22 on the I-130?

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: __________________________

Since your wife is not in the US (and unable to adjust status) she will interview in a post abraod, I believe in your case it will be India since she is not currently living, working, or studying in Canada.

You posted this on the K-3 forum, the K-3 is administrativly dead

Good luck.

[soza 0]

How did you answer question #22 on the I-130?

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: __________________________

Since your wife is not in the US (and unable to adjust status) she will interview in a post abraod, I believe in your case it will be India since she is not currently living, working, or studying in Canada.

You posted this on the K-3 forum, the K-3 is administrativly dead

Good luck.

Hummmm..... It appears I answered that question as N/A and the American consular post in:_______ part blank. I was assuming that entire question did not apply to me. I hope this does not delay my processing as I have not yet received any RFE's. I listed her old Toronto address in the I-130 so it is advisable to request an address change for my beneficiary? Will it delay the approval?

Thank again!

[canadian_wife 1,822]

I suggest you update the petition to include her Indian address as her current address.

Good luck.

[pushbrk 12,898]

How did you answer question #22 on the I-130?

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: __________________________

Since your wife is not in the US (and unable to adjust status) she will interview in a post abraod, I believe in your case it will be India since she is not currently living, working, or studying in Canada.

You posted this on the K-3 forum, the K-3 is administrativly dead

Good luck.

Even if K3 were not administratively dead, the K3 would have to be issued in the country the marriage took place. If her current address on the I-130 shows as India, they'll send it to the appropriate Consular post in India.

[lucyrich 20]

If the marriage took place in Canada, then the only place a K-3 visa can be issued is in Canada, regardless of what embassy is requested on the I-130, and regardless of the residence/citizenship of the alien. See INA 214®(2).

On the other hand, a CR-1 or IR-1 visa could be issued at any consulate that will take the case. Normally, the paperwork for one of those immigrant visas would go to the country of the alien's residence. They'll probably try to honor the request on the I-130.