I-130 question on ddjustment of status

[InTrouble 0]

I am a US citizen trying to bring my wife and toddler (child is also a US citizen) into the country. I’m filing an i-130 for my wife, but it has this question:

 

The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in:

 

The previous question talked about the beneficiary being in the US, which doesn’t apply to her, but does this question? She lives in Vienna, Austria. Should I put that she will do it there?

 

Another side note: It asks how I got my citizenship, which I say through birth (question 37), but the next question asks if I got a certificate of naturalization or a certificate of citizenship. I’m afraid to put no because that sounds like I’m not a citizen even though I’ve marked that I am.

 

Unimportant rant if you guys want to read: I am FURIOUS at a lawyer who told us to get the B1B2 and then apply for the i-130 once my wife gets into the country. The embassy in Vienna told her this is wrong and that she can’t do it that way, so it denied her B1B2 visa application and then that denial made her lose the ESTA she had to visit while I’m here and help with house hunting. Worse, because the lawyer said it would be fine to do that we are now very delayed, and my wife is still a bit dealing with the surgery from getting a brain tumor removed and is having to take care of our 2 and a half year old without me during this time. I am so, SO angry at this lawyer. I have spent the whole day doing nothing but try to correct this, and have been told that it might lead to her being refused to ever come in the country, which would mean I have to leave the USA too. It’s my home country and I love it, but if it’s a choice between the USA and my wife and child of course I’m going to go with my wife and child.

[Roel 7,193]

5 minutes ago, InTrouble said:

I am a US citizen trying to bring my wife and toddler (child is also a US citizen) into the country. I’m filing an i-130 for my wife, but it has this question:

 

The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in:

The answer is yes.  When you file i130 there is no adjustment of status. 

 

5 minutes ago, InTrouble said:

 

The previous question talked about the beneficiary being in the US, which doesn’t apply to her, but does this question? She lives in Vienna, Austria. Should I put that she will do it there?

 

Another side note: It asks how I got my citizenship, which I say through birth (question 37), but the next question asks if I got a certificate of naturalization or a certificate of citizenship. I’m afraid to put no because that sounds like I’m not a citizen even though I’ve marked that I am.

Since you're born in the U.S. then you never had a need for naturalization. 

 

5 minutes ago, InTrouble said:

 

Unimportant rant if you guys want to read: I am FURIOUS at a lawyer who told us to get the B1B2 and then apply for the i-130 once my wife gets into the country. The embassy in Vienna told her this is wrong and that she can’t do it that way, so it denied her B1B2 visa application and then that denial made her lose the ESTA she had to visit while I’m here and help with house hunting. Worse, because the lawyer said it would be fine to do that we are now very delayed, and my wife is still a bit dealing with the surgery from getting a brain tumor removed and is having to take care of our 2 and a half year old without me during this time. I am so, SO angry at this lawyer. I have spent the whole day doing nothing but try to correct this, and have been told that it might lead to her being refused to ever come in the country, which would mean I have to leave the USA too. It’s my home country and I love it, but if it’s a choice between the USA and my wife and child of course I’m going to go with my wife and child.

Yeah unfortunately that lawyer was wrong. I'm shocked how many people here say their lawyers advices them on going to the U.S.and adjust from b2 or VWP.  It is clear immigration fraud. 

 

If I were you I'd report that lawyer. 

[Scandi 4,178]

56 minutes ago, InTrouble said:

I am a US citizen trying to bring my wife and toddler (child is also a US citizen) into the country. I’m filing an i-130 for my wife, but it has this question:

 

The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in:

 

The previous question talked about the beneficiary being in the US, which doesn’t apply to her, but does this question? She lives in Vienna, Austria. Should I put that she will do it there?

You should put the city where the US embassy is located that handles the visa process. It could be Vienna, I don't know where the US embassy in Austria is located.

[InTrouble 0]

Roel:

Thank you for the info! So I’ll put “N/A” where it says she’s in the US and will apply for adjustment of status, and Vienna (there is an embassy there) for her not applying for adjustment. I’ll also put “no” for having obtained a “certificate of citizenship” for myself. Agreed about the lawyer! They asked me to get that from her in writing, and she gave it to me that it was her advice. I am absolutely livid about that, the whole point of going to her was to avoid messing up like that! I will definitely report her.

 

Scandi:

Thank you! There’s one in Vienna and it’s the capital, so I’ll put that.