New I-130 and I-130a (2/27/17 Version)

[jbbuck 6]

I have several questions regarding the new I-130s.  

 

1) The USCIS website says that the 12/23/16 edition will be accepted up until 4/28/17.  Does that mean they'll accept forms postmarked before that date?  Like, if I finish filling out the 12/23/16 edition and mail it in a week, but it doesn't land on someone's desk until after 4/28/17, does that mean I'm out of luck?  Once the petition arrives at USCIS, how long before it's entered into the system?

 

2) Am I right in thinking that the old form, which is two pages, would be better than the new form, which is 12, in terms of making the reviewing agent's life easier and more likely to approve (also, they're less things to get wrong)?

 

3) On the new I-130, it asks about an interpreter.  I am filing for my wife who doesn't speak English all that well (yet ).  Can I act as an "interpreter" for her to complete the I-130 and I-130a forms?  I know that I can't translate the supporting evidence documents, but I haven't been able to find guidance on interpreters for filling out forms.

 

4) Part 4. Information about Beneficiary (continued), page 8, says "The beneficiary is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the U.S. Citizenship and Immigration Services (USCIS) office in:" ... So, I feel like this question is missing an "If" at the beginning of that one (like there is in pretty much every other question).  My wife isn't in the US, but when she is there, she will have to apply for adjustment of status.  Not sure what to do there.  Do I put where she will potentially file?  Or I could add an addendum. 

 

5) 'Part 9. Additional Information (page 12)' says that one must use the space provided on that page to include additional information and that, if more space is needed, one can "attach a separate piece of paper" with the "Page Number, Part Number, and Item Number".  However, If I need to add more addresses, for example, because there is only room for two, that corresponds to a Page Number and Part Number, but not an Item number.  So, I just put "N/A" in 'Item Number', right?

 

6) Only like one question says to leave it blank if it doesn't apply.  The rest say things like "If you answered yes to #X than answer questions Ya.-Yc."  But if I answered "no", should I put "N/A"?  The new instructions say to put "N/A" unless otherwise instructed (pg. 4, #3, Instructions for Form I-130, https://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf).

 

7) Also, I live overseas (I have a non-resident visa), and my permanent residence is in the Colorado.  Residents of Colorado file at the Phoenix lockbox; however, USCIS says that if you live overseas to file at the Chicago lockbox.  I want to file at the Phoenix lockbox (I think it's faster, right?).  USCIS says if it's filed at the wrong one, it'll be forwarded to the correct one.  So, 

Is it just me, or was this new form created in order to create more confusion, make the process more cumbersome, increase the chance for mistakes, raise the chance for denials, etc.?

 

 

[jakelake 222]

If the application is received before 4/28/2017, then you should be fine. The date an application is received is not necessarily and not likely the date that it will be reviewed. Many people have already used the old I-130 form and their cases may not be looked until after 4/28/2017.

 

In fact, prior to the 12/23/2016 edition, the last version was 12/31/2015 and people who applied in 2016 used that expired version.

 

[Ryan H 3,834]

Answers:

1. Postmarked; it will take a few days after arrives at the lockbox to be officially entered into the system and routed to a service center.
2. Adjudicators make decisions based on facts, not which form you use.  Just because you use the old form doesn't mean it's more likely to be approved.
3. Sections like that usually refer to professional interpreters assisting people.
4. You don't answer anything for that specific question, it's not applicable to you.
5. No, you put the item number since it's a continuation of that item.
6. Interpret the instructions literally.
7. The lockbox is nothing more than an intake facility, send your package to the one specified on the instructions and save yourself from self-inflicted delay.