I-566 trouble!! "principal alien"

[coltrane2011 0]

im filling out form I-566 along with 485 and 508.

in form I-566 it is asking for information about "principal alien" and im not sure if i need to answer this.

my wife is a USCitizen and i have an a-2 visa, and im trying to adjust. we both live in new jersey. i have lived here since 1985 when i entered the U.S.

so who is principal alien? is that my information they seek or my wife' information they seek. if its my wife's information, she is not an alien but a citizen.....so i am very confused at this point.

[coltrane2011 0]

ok so the principal alien in I-566, to my understanding from some research, is the person whom my A-2 status is derived from. the problem is, that person no longer has A-2 status and they are no a US Citizen (not my wife, but my father). so now they are asking about the principal alien, who is no longer the status he used to be....im not sure what to do now.

but my wife is the one petitioning for me (i-130/i-485) and this adds to my confusion about how to fill out that part of the form (page 1, part 2 of I-566)

[JimVaPhuong 4,863]

ok so the principal alien in I-566, to my understanding from some research, is the person whom my A-2 status is derived from. the problem is, that person no longer has A-2 status and they are no a US Citizen (not my wife, but my father). so now they are asking about the principal alien, who is no longer the status he used to be....im not sure what to do now.

but my wife is the one petitioning for me (i-130/i-485) and this adds to my confusion about how to fill out that part of the form (page 1, part 2 of I-566)

This is not a typical situation we see here at VJ. If the principal alien no longer has "A" status, then you also no longer have derivative "A" status. In that case, you would be out of status. I'm not sure the I-566 is even required because, technically, you're not adjusting from A-2 to immigrant status. You would also have lost your A-2 derivative status when you got married. If I'm wrong about any of this then please correct me.

[coltrane2011 0]

so do i file I-566 or do i not file I-566?

and when they ask for my status do i say A-2 visa or do i say "A-2 Visa/Out Of Status"

that's my problem, unsure what to do next, but need to send out my i485

[coltrane2011 0]

bump.....help

[Harpa Timsah 13,258]

This is not a situation that we normally see on VJ, so we might not be able to help you. We don't know the ins and outs of diplomatic visas on this forum. Jim was pointing out he's not sure if you need to file the I-566 because you no longer have diplomatic status since your father doesn't anymore and your visa is tied to him, but on the other hand, you entered the US for diplomatic reasons. I would put your father on the form and write A-2/out of status where appropriate. If they don't need the form, they'll throw it out. You could also make an Infopass appointment and speak with an IO who could possibly help you. I don't think anyone will be able to help you more here. Good luck.

Edited April 7, 2011 by Harpa Timsah

[JimVaPhuong 4,863]

As H.T. mentioned, and as I previously stated, this is an unusual scenario. I don't know of anyone specifically on VJ who has experience with this. It's unusual enough that's it's difficult to find any information about it with a Google search.

I do remember someone having a similar situation some time ago. I seem to recall something about them needing to get permission from their government before they could adjust status in the US because they had entered with a diplomatic visa. I do not know the details of that requirement, nor do I know if it applies to people with derivative visas, nor if it still applies after they no longer have diplomatic status. The bottom line is I honestly don't know.

The only thing I can recommend is to canvas your local area and see if you can find an immigration attorney with specific experience with this.

[coltrane2011 0]

i called the number on the form, and the woman i spoke to "seemed" to know what she was talking about so i'll pass on the information she stated. because im just going to file the form and if they dont need it they can just toss it out.

the officer i spoke to on the phone says that regardless of whether i am in status or out of status i should file the form(s) based on what is on my passport/I-94. so because my passport says "A-2" that's what i should go with for the purpose of the form. whether or not i am out of status should be irrelevant when filling out the form section where its asking for my status.

i can only assume that it would be worse not to fill out the I-566.

so im just going to fill it out, send it in, and they can determine whether they need it or not.

anyway, thanks to both of you for taking the time to respond.