Did Not Mention American Consulate In I-130

[SM84 6]

Hi All,

While discussing about my case status after I received NOA2, I was informed by one of the VJ members that American consular post where I would be applying for my visa would have been mentioned under Section C Q22. We however filled this as N/A as the question in BOLD was "Complete the information below if your relative is in the United States and will be applying for adjustment of status." and therefore missed out on the sub question NOT in bold; "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:"

Should we be worried? How can we get this corrected as NVC have advised that they have received our case on Jan 7th and we would get a mail in less than a month's time

Also, should we be asking for the case number at this point?

Please advise.

[spousewaitingvisa 39]

Hi Svb,

see this link (look at page 5 on pdf):

http://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/2013/AILA-USCIS-FOps-102313.pdf

or copy this link: www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/2013/AILA-USCIS-FOps-102313.pdf

[Ketsuban 1,034]

If your NOA2 says the case has gone to NVC, don't worry.

If it makes mention of applying for adjustment of status or filing the I-824 then do worry and call USCIS to rectify it.

[StrawberryKiss 170]

If your spouse is abroad and will also have his/her interview there, don't worry about it. We also oversaw this question completely, but NVC will automatically assign a case number starting with the 3 letter code of the consulate where the interview for the immigrant visa takes place and send the petition there after they have finished processing it.

It might be one of NVC's generic answers. You can surely call them tomorrow and ask about your case number. I don't know how backlogged NVC is at the moment though. It used to take 30 days until assignment when we filed, but then in some threads I also read about 42 days for petitions received in the fall.

Edited February 6, 2015 by StrawberryKiss

[mallafri76 1,012]

You only fill out Q22 if your relative is in the US. The subsequent question within Q22 is if your relative is not eligible for adjustment of status and will have to leave the US for the interview, then you can request an American consulate outside your relative's country.

[SM84 6]

Ok thats an understandable statement, however, others have mentioned that you have to fill that part in. So my situation as of now is that we've filled it in as N/A and my wife called the NVC today and they said that if it is left blank, then the application would go to the embassy or consulate in the country where I was born. I dont live there anymore neither do I have a visa to live there anymore. I live in India now.

Not sure what needs to be done.

[bk2014 34]

Ok thats an understandable statement, however, others have mentioned that you have to fill that part in. So my situation as of now is that we've filled it in as N/A and my wife called the NVC today and they said that if it is left blank, then the application would go to the embassy or consulate in the country where I was born. I dont live there anymore neither do I have a visa to live there anymore. I live in India now.

Not sure what needs to be done.

You can wait for the case number to be assigned...Based on case number, you can figure out which embassy you have been assigned.

if you want different embassy, you can contact NVC and get it changed.

[Ryan H 3,834]

Ok thats an understandable statement, however, others have mentioned that you have to fill that part in. So my situation as of now is that we've filled it in as N/A and my wife called the NVC today and they said that if it is left blank, then the application would go to the embassy or consulate in the country where I was born. I dont live there anymore neither do I have a visa to live there anymore. I live in India now.

Not sure what needs to be done.

What your wife was told by the NVC is not correct. When the file is scanned and a case number assigned, they will go by the beneficiary's address that was written on the I-130.

Just a final note on Q22 for the benefit of others who may read this thread, it's a two part question albeit poorly formatted. It's often filled out incorrectly and this error is overlooked. I've seen it posted many times over on VJ that files have no issues with routing because this question was not properly filled out. With that being said, anyone who is filling out an I-130 and sees this question should interpret as a separate two part question and fill it out accordingly to reduce any possibility of trouble later on.

[SM84 6]

Hi Ryan,

What do you suggest we do at this point? Should we take some proactive action or do we just wait? Also, I came upon this link which apparently is a step by step instruction to fill the I-130 which states that the sub question is only intended for those who live in the USA and in the event they cannot file for adjustment of status, then they'd have to mention the embassy or consulate where they will go for further processing i.e. direct consular filing.

The link is as below:

http://www.nolo.com/...chapter7-8.html

So the bottom line is, was this even applicable to people like me whose spouse is in the USA and I live in India (or any other country)?

[Ryan H 3,834]

Hi Ryan,

What do you suggest we do at this point? Should we take some proactive action or do we just wait? Also, I came upon this link which apparently is a step by step instruction to fill the I-130 which states that the sub question is only intended for those who live in the USA and in the event they cannot file for adjustment of status, then they'd have to mention the embassy or consulate where they will go for further processing i.e. direct consular filing.

The link is as below:

http://www.nolo.com/...chapter7-8.html

So the bottom line is, was this even applicable to people like me whose spouse is in the USA and I live in India (or any other country)?

Call the NVC but only to obtain a case number, make no reference to anything else It will probably take several calls before a case number is given to you given how things are currently going at the NVC in regards to timing. I'm surmising that your address in India was used in all applicable places on all forms so when a case number is issued it will either start with BMB (Mumbai) or NWD (New Delhi). I don't know the jurisdictional boundary for each so I can't say which one you will end up.