Question #22 on I-130

[rgfox 10]

I am filing an 1-130 for my new wife, who lives in Russia and has never been to the US. My question is about Question #22:

On the I-130, line 22

Complete the information below if your relative is in the United States and will apply for adjustment of status.

(a) Your relative is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the USCIS office in:

(b) 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:

My wife does not have a Visa, and has never had a US visa. Filing the I-130 is the start of that process, of course, then I will file the I-129. But it does seem that (b) applies to her, in that 1) she is not eligible for AOS and 2) she will apply for a visa abroad, in Moscow. So I am tempted to fill in section b) with Moscow, Russia. But I keep coming back ot the title of the question, which is Complete the Information if she is in the US and will apply for AOS. Then I think "ok, I should just label this whole box N/A"

I called the USCIS, they said they could not instruct me. I said is this some kind of joke, this is your form! Totally useless.

Thanks

[payxibka 10,045]

I am filing an 1-130 for my new wife, who lives in Russia and has never been to the US. My question is about Question #22:

On the I-130, line 22

Complete the information below if your relative is in the United States and will apply for adjustment of status.

(a) Your relative is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the USCIS office in:

(b) 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:

My wife does not have a Visa, and has never had a US visa. Filing the I-130 is the start of that process, of course, then I will file the I-129. But it does seem that (b) applies to her, in that 1) she is not eligible for AOS and 2) she will apply for a visa abroad, in Moscow. So I am tempted to fill in section b) with Moscow, Russia. But I keep coming back ot the title of the question, which is Complete the Information if she is in the US and will apply for AOS. Then I think "ok, I should just label this whole box N/A"

I called the USCIS, they said they could not instruct me. I said is this some kind of joke, this is your form! Totally useless.

Thanks

She is NOT in the USA as of the filing of the petition and will NOT be applying for AOS. Your wife does not have a visa, but WILL apply for a visa once the I-130 is approved in Moscow. Answer is NOT N/A but "b"

[canadian_wife 1,822]

In section B put "Moscow Russia"

The I130 is not asking ANYTHING about the I129F, it is asking about the I130.

Good luck

Ps this question DOES apply to you so putting N/A doesn't make sense and would result in an RFE and a delay

[pushbrk 12,883]

I am filing an 1-130 for my new wife, who lives in Russia and has never been to the US. My question is about Question #22:

On the I-130, line 22

Complete the information below if your relative is in the United States and will apply for adjustment of status.

(a) Your relative is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the USCIS office in:

(b) 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:

My wife does not have a Visa, and has never had a US visa. Filing the I-130 is the start of that process, of course, then I will file the I-129. But it does seem that (b) applies to her, in that 1) she is not eligible for AOS and 2) she will apply for a visa abroad, in Moscow. So I am tempted to fill in section b) with Moscow, Russia. But I keep coming back ot the title of the question, which is Complete the Information if she is in the US and will apply for AOS. Then I think "ok, I should just label this whole box N/A"

I called the USCIS, they said they could not instruct me. I said is this some kind of joke, this is your form! Totally useless.

Thanks

Your question has been correctly answered, to put Moscow RUSSIA in section B. However, I encourage you to rethink the idea of filing an I-129F to follow your I-130. At best it may save you a few weeks in the process, and more likely will save no time at all and cost you a lot more money in the long run. Have a read about the K3 visa in just about any of the existing threads in this K3 forum. Unless your spouse is NOT intending to actually immigrate to the USA and live here permanently, K3 is a poor option, has been since 2007.

[rgfox 10]

Your question has been correctly answered, to put Moscow RUSSIA in section B. However, I encourage you to rethink the idea of filing an I-129F to follow your I-130. At best it may save you a few weeks in the process, and more likely will save no time at all and cost you a lot more money in the long run. Have a read about the K3 visa in just about any of the existing threads in this K3 forum. Unless your spouse is NOT intending to actually immigrate to the USA and live here permanently, K3 is a poor option, has been since 2007.

Hmmm. The immigration attorney I consulted advised it, so I guessI will do it. He said the I-130 is basically just a validation of my marriage in the US Government's eyes, and the I-129 kicks off the visa process. I am not aware of what other alternatives there are.

[canadian_wife 1,822]

You need a new immigration attorney. The I130 is the petition which will lead to the Cr-1 visa, allowing your wife to become a permenant resdient as soon as she enters the US. The k-3 requires you to adjust status to the tune of $1000 AFTER she arrives.

Please see the comparason guide and make YOUR mind up, don't let an attorney do it for you

http://www.visajourney.com/content/compare

Good luck

[Ryan H 3,812]

Hmmm. The immigration attorney I consulted advised it, so I guessI will do it. He said the I-130 is basically just a validation of my marriage in the US Government's eyes, and the I-129 kicks off the visa process. I am not aware of what other alternatives there are.

Whether or not you ultimately file the I-129F in addition to the I-130 is your choice. I agree with the things pushbrk and canadian_wife have told you. The only thing I would add is that statement that attorney told you, "filing an I-129F in addition to an I-130 is a validation of a marriage in the eyes of the US Government" is total BS. I'm not an attorney or an expert, I'm just calling that statement the way I see it.

Edited June 9, 2011 by Ryan H

[pushbrk 12,883]

Whether or not you ultimately file the I-129F in addition to the I-130 is your choice. I agree with the things pushbrk and canadian_wife have told you. The only thing I would add is that statement that attorney told you, "filing an I-129F in addition to an I-130 is a validation of a marriage in the eyes of the US Government" is total BS. I'm not an attorney or an expert, I'm just calling that statement the way I see it.

Right. The I-130 is the petition one files to bring an immigrant to the USA with an Immigrant visa. Following an I-130 for a spouse with an I-129F for a spouse is intended to begin a non-immigrant visa process. Prior to early 2007, this was often the best way to go and that's how my wife arrived. Since early 2007 though, the significant time savings evaporated due to multiple factors. Lots of attorneys still like to charge for filing the second petition but for the last year only the rare I-129F actually resulted in a K3 visa at all. Everybody else ended up on the immigrant visa path rendering the I-129F at best, useless and in some cases, the I-129F delayed the ultimate arrival of the spouse.

II say find a new attorney or do it yourself. This one isn't worth the paper his license is printed on.

[rgfox 10]

Right. The I-130 is the petition one files to bring an immigrant to the USA with an Immigrant visa. Following an I-130 for a spouse with an I-129F for a spouse is intended to begin a non-immigrant visa process. Prior to early 2007, this was often the best way to go and that's how my wife arrived. Since early 2007 though, the significant time savings evaporated due to multiple factors. Lots of attorneys still like to charge for filing the second petition but for the last year only the rare I-129F actually resulted in a K3 visa at all. Everybody else ended up on the immigrant visa path rendering the I-129F at best, useless and in some cases, the I-129F delayed the ultimate arrival of the spouse.

II say find a new attorney or do it yourself. This one isn't worth the paper his license is printed on.

OK, that may be, but my real concern now is how to answer Question 22! The folks here are saying put Moscow, Russia under section (b). So I guess I will do that. But then why do they title the question in bold letters: "Complete the information below if your relative is in the US and will apply for AOS". According to the title, I should put N/A in here!

[canadian_wife 1,822]

It is an either/or question. You only answer 1 part

Your spouse IS NOT in the US, so you leave A blank and put Moscow, Russia in part B

Good luck

[pushbrk 12,883]

OK, that may be, but my real concern now is how to answer Question 22! The folks here are saying put Moscow, Russia under section (b). So I guess I will do that. But then why do they title the question in bold letters: "Complete the information below if your relative is in the US and will apply for AOS". According to the title, I should put N/A in here!

Following context is critical to following instructions. While I agree the form is confusing in this area, reading the words....

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:

.... above the place we told you to indicate Moscow RUSSIA should lift your confidence you've received the correct advice on that subject matter.