Form I-130 Questions 21 and 22

[MrHopeful2013 2]

Hi All - Was just wondering what folks put down for Questions 21 and 22 on their I-130 Form? This is for US-based petitioner with spouse living abroad.

I put down "None" for 21 and N/A for 22 left section, and blank right section for consular post. I spoke to an attorney and he said that is incorrect, and will potentially cause delays in USCIS forwarding case on to NVC.

Q21: If filing for your spouse, give last address at which you lived together

Q22: Complete the information below if your relative is in the United States and will apply for adjustment of status

I've read several older responses on VJ forums but there is no clear consensus on what to put for Q21 and Q22 for US-based Petitioners whose spouses are living abroad and who have not lived together after marriage and who are not doing AOS.

Special request to members with approved I-130s: Can you let us know what you put down for 21 and 22 and whether you had RFEs issued for either or if USCIS did not forward on your case to NVC?

[del-2-5-2014 1,339]

For question 21, I put the address of my house in Nigeria where my Wife lives now and where we started living in from the date of our marriage until I returned to the US.

In our culture it's taboo for the new Wife to return to her parents house to live. I figured the Consulate may question that.

[Ryan H 3,812]

Special request to members with approved I-130s: Can you let us know what you put down for 21 and 22 and whether you had RFEs issued for either or if USCIS did not forward on your case to NVC?

For question 21, I wrote "We have not yet lived together."

For question 22, I left the left side blank and wrote the city where the Consulate was located and the country on the right side.

[ndu26 114]

For question 21, I put the address of my house in Nigeria where my Wife lives now and where we started living in from the date of our marriage until I returned to the US.

This is what we put too. i only stayed back in Nigeria for a month after our wedding and we used the address of the aprtment we moved into after the wedding.

Even though you ar not doing AOS, you have a consular post where the beneficiary's interview will take place so state the city annd country of that embassy or consulate as your consular post.

[Nimz 0]

We put N/A for all of it (Q 21-22)... had no problems .. filed in feb, approved a few days ago ... good luck

[Ryan H 3,812]

We put N/A for all of it (Q 21-22)... had no problems .. filed in feb, approved a few days ago ... good luck

While it may have been overlooked in your case, "N/A" is not a correct answer for question #21 because the question is applicable when filing on behalf of a spouse.

Edited April 12, 2013 by Ryan H

[Nimz 0]

While it may have been overlooked in your case, "N/A" is not a correct answer for question #21 because the question is applicable when filing on behalf of a spouse.

However if we have never lived together the question is not applicable ( since the question being asked is "what was the last address..." - [as opposed to "have you ever lived together " or something similar..])

Edited April 12, 2013 by Nimz

[Darnell 8,478]

Q22 is supposed to be the name of the US Consulate City, overseas.

I left it blank, and it's headed to NVC regardless.

I sure twigged out about it, though.

[Ryan H 3,812]

However if we have never lived together the question is not applicable ( since the question being asked is "what was the last address..." - [as opposed to "have you ever lived together " or something similar..])

Incorrect, when filing on behalf of a spouse question #21 is ALWAYS APPLICABLE, even you if have never lived together, end of story. To properly answer question #21 if you have never lived together; a statement like the one I wrote above or something similar. "None" is also an acceptable answer.

[del-2-5-2014 1,339]

I put N/A for question 22

[quitepainful 56]

Regarding question 22 for the i130 related to the AOS and if not in the US which US post. I filled back on saturday this past week and am awaiting NOA1, but i am wigging out about this now because i read this in more detail but that the entire question was N/A since i am not adjusting status for my wife as she is back in canada and we are waiting for the natural process to take place rather than the AOS process.

[cantool 0]

Regarding question 22 for the i130 related to the AOS and if not in the US which US post. I filled back on saturday this past week and am awaiting NOA1, but i am wigging out about this now because i read this in more detail but that the entire question was N/A since i am not adjusting status for my wife as she is back in canada and we are waiting for the natural process to take place rather than the AOS process.

If you take a close look at #22 you will see that it is a two-part question. The first part is asking, "...if your relative is in the United States and will apply for AOS." If she is currently outside of the USA, then "N/A" would be appropriate in the first blank (to the extreme left).

The second part assumes that if your Alien Relative is not eligible to apply for AOS, where will he or she apply for their visa abroad (meaning outside the borders of the USA). There are two more blanks that do require an answer!

RYAN H, thanks to your previous answer to another member concerning Q's 21 & 22, I have avoided "quitepainful's" mistake. Hopefully, The agent that views Quitepainful's I-130 will just blow off this simple mistake. He can't be the only petioner to overlook the details.

[Darnell 8,478]

Ya, well - I not put anything in Q22, and in the I-130 approval letter it noted my wife was now eligible to file adjustment of status. This is a great indicator of where the casefile is going, btw.

If the approval letter not say anything about NVC, the adjudicator decided yer going to adjust in the USA.

If the approval letter mentions NVC, then the adjudicator thinks yer chasing a visa .

I had my immigration liason staffer human get in with the Dallas office and get the casefile rerouted to NVC before it left the building.

It was a PITA.

Edited August 15, 2013 by Darnell

[quitepainful 56]

I see Darnell, i did put N/A for adjusting status in the US, i just didnt read the smaller print as i didnt realize that only one question has part A and B when it wasnt labeled, 22a or 22b... blah... i should have known better, eh?

i am pretty sure i will get through to NVC, the 20 searches i did, most people who put N/A for the first part left the second part blank, and i didnt see any RFE's for that. just have to see and wait now, nothing else i can do.

Thanks everyone for your input!

[Darnell 8,478]

Seriously, it was a PITA for me.