Things are Rolling

[Yodrak 7]

Tony & Olga,

How did you "clearly indicate" on the I-130 that Olga would want to pursue an immigrant visa despite having embarked on a K3?

If by simply designating a consular post in item C.22, I am not surprised that USCIS did not recognize your wishes. That question was awkward enough before the new policy was implemented, it is not adequate at all for the purposes of the new policy. The way the item is worded, providing any information is an indication that the person is in the USA. And since a K3 who is in the USA is eligible for adjustment, the designation of a consular post is superfluous and not applicable.

I don't know how one would indicate their choice of adjustment v. immigrant visa on the existing I-130, other than by a note in the margin or an attachment. I hope the next revision of the form will include a change to resolve the problem.

Yodrak

Aussie,

You are right about your suspicions! However, in my case it says in the body of the hard copy 130 Approval that I indicated my wife was in the US and therefore they were holding my petition and that I must file a Notice of Action with $200.00 if I wanted to have it forwarded to NVC. But as I said in my earlier post, I clearly indicated that we wanted the VISA issued in the Bogota Colombia Embassy on my I 130. .....

Edited November 29, 2006 by Yodrak

[misa 2]

I left C.22 blank as I'm not in the U.S. at all.

Was that correct or will that cause delays?

[nyseness 0]

I left C.22 blank as I'm not in the U.S. at all.

Was that correct or will that cause delays?

I would like to know the same thing. I should be sending off my I-130 next week. As of now I'm going to do the CR-1 route but depending on my funds I might end up doing the K3 as well.

[Tony & Olga 0]

Questoon #22 Says fill this out if your spouse is in the US and will AOS here, the second part of the #22 asks if not in the US what Embassy will they use? I put NA in the first part and Bogota in the second part!

I am in the Document Imaging Business and now in light of them telling me that I indicated that we would AOS in the US based on what they say I answered in this question, I am thinking they are not actually reading the answers, but running the forms through a scanner and using what is called MARK Sense Technology (a type of forms recognition software) to workflow the documents through the entire process! But then again this would mean that they are using a document imaging system and they should be able to pull up the document images up at their workstations when they are talking to you. But the representative I spoke with when I called said he was unable to do this! So I am not sure how they deduced this on my form. If they are not using an Imaging System with Workflow and OCR technology, they sure should be. This is an ideal application for this technology and would offer tremendous productivity, efficiencies, reduce operating costs and increase customer service significantly.

But alas this is the government and in my experience im selling to them, is that they tend to lag way behind in IT technologies, so who knows!

Tony & Olga,

How did you "clearly indicate" on the I-130 that Olga would want to pursue an immigrant visa despite having embarked on a K3?

If by simply designating a consular post in item C.22, I am not surprised that USCIS did not recognize your wishes. That question was awkward enough before the new policy was implemented, it is not adequate at all for the purposes of the new policy. The way the item is worded, providing any information is an indication that the person is in the USA. And since a K3 who is in the USA is eligible for adjustment, the designation of a consular post is superfluous and not applicable.

I don't know how one would indicate their choice of adjustment v. immigrant visa on the existing I-130, other than by a note in the margin or an attachment. I hope the next revision of the form will include a change to resolve the problem.

Yodrak

Aussie,

You are right about your suspicions! However, in my case it says in the body of the hard copy 130 Approval that I indicated my wife was in the US and therefore they were holding my petition and that I must file a Notice of Action with $200.00 if I wanted to have it forwarded to NVC. But as I said in my earlier post, I clearly indicated that we wanted the VISA issued in the Bogota Colombia Embassy on my I 130. .....

[Yodrak 7]

Tony & Olga,

No, that's not what the 2nd part of #22 says. People have long treated it that way - myself included - but that's not how the question reads.

Yodrak

Questoon #22 Says fill this out if your spouse is in the US and will AOS here, the second part of the #22 asks if not in the US what Embassy will they use? .....

[Tony & Olga 0]

Then I guess I answered it impropperly! So, I will pursue the K3 and hope others will learn from our mistakes!

Tony & Olga,

No, that's not what the 2nd part of #22 says. People have long treated it that way - myself included - but that's not how the question reads.

Yodrak

Questoon #22 Says fill this out if your spouse is in the US and will AOS here, the second part of the #22 asks if not in the US what Embassy will they use? .....

[misa 2]

Yodrak's right. Part 2 of the question talks about eligibility, not location.

The main question says:

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

So we didn't complete any information to question 22 since I am not in the U.S. We left it blank.

Did anyone else here leave question 22 blank?

Edited November 29, 2006 by misa

[Yodrak 7]

Tony & Olga,

I wouldn't say that you answered the question improperly. I would say only that answering the question as you did - and as many others do - does not yield the expected result under the new USCIS policy.

We've learned that much, but we've yet to learn what it takes under the new policy to get an approved I-130 sent to NVC when an I-129f leading to a K3 is also involved.

Yodrak

Then I guess I answered it impropperly! So, I will pursue the K3 and hope others will learn from our mistakes!

Edited November 29, 2006 by Yodrak

[riblet 0]

I just looked at mine, and I put N/A because it was talking about AOS. Now I wonder if I should have put in consulate for the second part of the question. Oh well, I assume they want to get the extra $200 out of as many people as possible. Although it does make sense because a lot of people will AOS, but they need to change the form.