What do I do on the I-130 form???

[bittbook 0]

I am filling out this form for my husband and we aren't quite sure what to put for number 22 where it asks if the intended immigrant will be filing in the USA and adjusting status there. He technicaly is not here in the USA right now... but with the K3 visa the idea is to get him to the USA and to file for a change in status.

What do I put in this part of the form???

Thanks!

[Ryan H 3,812]

Here's the deal with the K3, you already know about filing the I-130 first, then you file the I-129F.

Here's what happens, USCIS will pull your I-130 from it's current place in the queue and place it with the I-129F you had just filed.

Both petitions are usually approved at the same time.

If the I-130 and the I-129F reach the NVC at the same time OR if the I-130 reaches the NVC before the I-129F, the I-129F for K3 will be administratively closed leaving only the I-130 for CR-1 active. K3 would only go forward if the I-129F reaches the NVC first.

CR-1 is an immigrant visa, a green card in the form of an I-551 stamp will be issued on arrival. The actual card will arrive in the mail a short time later, no adjustment of status required.

IMO, you are better off filing the I-130 as a standalone and letting it run its course. However, the ultimate choice is yours.

To answer your question, "we aren't quite sure what to put for number 22 where it asks if the intended immigrant will be filing in the USA and adjusting status there" answer it this way, leave it blank or write N/A; on the right hand side of that box, put the name of the Consulate where your husband will interview and the country.

Edited August 15, 2011 by Ryan H

[canadian_wife 1,822]

Answer the form as it pertains to you both at the time of filing. He is not in the US, list the consulate he'll interview (he'll need to interview for either visa) in Mex.

{Ps - the K-3 simply wastes time and money, leave it alone)

[bittbook 0]

Answer the form as it pertains to you both at the time of filing. He is not in the US, list the consulate he'll interview (he'll need to interview for either visa) in Mex.

{Ps - the K-3 simply wastes time and money, leave it alone)

Why do you say that the K-3 is not a good idea? For all I could see on the forum it should be better to file for that with the I-130.

[himher 634]

There is no "technically" here or not here.

If your relative is not in the US then the proper answer on Question 22 on the filed I-130 is N/A.

If your relative is in the US and you are filing I130/co-current AOS then give the city and state.

If your relative is in the US at the time of filing but intends to leave the US to obtain a visa at the consulate/embassy then give the name of the consulate/embassy that your relative will apply for the visa for.

I am filling out this form for my husband and we aren't quite sure what to put for number 22 where it asks if the intended immigrant will be filing in the USA and adjusting status there. He technicaly is not here in the USA right now... but with the K3 visa the idea is to get him to the USA and to file for a change in status.

What do I put in this part of the form???

Thanks!

Edited August 19, 2011 by himher

[JoannaV 174]

Why do you say that the K-3 is not a good idea? For all I could see on the forum it should be better to file for that with the I-130.

Because in most cases the I-130 and I-129F are approved at the same time, meaning they ignore the K3 and just process the CR1. So you have wasted money. There are still some cases in which the K3 might be worth it, but unless there are unique aspects to your situation it is unlikely.

[canadian_wife 1,822]

Why do you say that the K-3 is not a good idea? For all I could see on the forum it should be better to file for that with the I-130.

For years now when you file the I-129F for the K3 visa, USCIS takes your I-130 out of line, marries it up to the I-129F and puts it in the back of the line. Then they approve both petitions together and send it off to NVC where NVC will close the I-129F if they reach NVC at the same time. When we filed, the stand alone I-130s were being approved 6-8 weeks faster than the I130/I129F petitions

Now it is of course your choice, but I wouldn't expect YOUR case to be any different than all those before you

Good luck