Questions regarding I-130 petition (Online submission)

[Temp_Xyz 26]

Hello all,

First of all, thank you for your time. Here's my situation:

• My now-wife came into the US on a 10-year, multiple-entry visitor visa few years ago.

• Two months in, she returned home. After 8 months back home, her family came to US again.

• Her family's situation changed back home, and a month after they arrived, her family applied for asylum in US.

• Their case was pending for a couple years (and she had not left the country during that period), but (for whatever reason), they decided to migrate to Canada via the unofficial border crossing.

• They applied for asylum/refugee in Canada, and were denied (because they had already applied in US). They appealed the decision, and their case is pending for final decision (stay/leave/deport).

• We got married in Canada few months ago.

 

I am filing I-130 petition for her through the USCIS online portal, and I have a few questions regarding it.

Quote

At which USCIS office will the beneficiary apply for adjustment of status to lawful permanent resident?

1. This should be the city and state she will be residing in after entering US, correct?

=

 

Quote

At which U.S. Embassy or Consulate location will the beneficiary apply for an immigrant visa?

Since the USCIS process itself will take a while, and because her situation is at a delicate point where she does not know when the decision will come or whether she will be allowed to stay in Canada,

 

2. Should I put nearest US Embassy/Consulate in Canada as per her current situation? If her situation changes, can that location be changed? If so, it is a difficult process to update it and will it cause further delays?

=

 

Under 'Other Information' > 'Native language', they ask the following:
 

Quote

Information about beneficiary in their native written language

 

If the beneficiary's native written language does not use Roman letters, upload a document with his or her name and foreign address in their native written language. If you have a text or word processing document you would like to submit for evidence, send us a PDF version of the file. When saving your file, select PDF as the file type to save.

Her native language is Hindi, and she is fluent in English. Hindi can be written in roman letters.

 

3. Will I still need to do this? She can write her name in Hindi, but the address will probably be written in 'English' anyways. Any other information we need to provide?

 

That's all for now.

 

Thank you in advance!

 

 

Edited April 7, 2020 by Temp_Xyz

[pushbrk 12,636]

1 hour ago, Temp_Xyz said:

Hello all,

First of all, thank you for your time. Here's my situation:

• My now-wife came into the US on a 10-year, multiple-entry visitor visa few years ago.

• Two months in, she returned home. After 8 months back home, her family came to US again.

• Her family's situation changed back home, and a month after they arrived, her family applied for asylum in US.

• Their case was pending for a couple years (and she had not left the country during that period), but (for whatever reason), they decided to migrate to Canada via the unofficial border crossing.

• They applied for asylum/refugee in Canada, and were denied (because they had already applied in US). They appealed the decision, and their case is pending for final decision (stay/leave/deport).

• We got married in Canada few months ago.

 

I am filing I-130 petition for her through the USCIS online portal, and I have a few questions regarding it.

1. This should be the city and state she will be residing in after entering US, correct?

=

 

Since the USCIS process itself will take a while, and because her situation is at a delicate point where she does not know when the decision will come or whether she will be allowed to stay in Canada,

 

2. Should I put nearest US Embassy/Consulate in Canada as per her current situation? If her situation changes, can that location be changed? If so, it is a difficult process to update it and will it cause further delays?

=

 

Under 'Other Information' > 'Native language', they ask the following:
 

Her native language is Hindi, and she is fluent in English. Hindi can be written in roman letters.

 

3. Will I still need to do this? She can write her name in Hindi, but the address will probably be written in 'English' anyways. Any other information we need to provide?

 

That's all for now.

 

Thank you in advance!

 

 

1. Not Applicable. She will not be adjusting status in the USA.  She would enter with an immigrant visa granting her the status others "adjust" to.

2.  Put Montreal.  That's the only place in Canada.  If she leaves Canada and has legal residence elsewhere, yes it can be changed.  She cannot get the visa in Canada unless she has legal residence there though.

3.  If her native language is typically written in a different alphabet, she will provide her name only in that alphabet, as her address is in Canada.

 

The process is going to take 12 to 18 months.  If she does not have legal status in Canada in the next year or so, she'll need to complete the process in Mumbai.

[Temp_Xyz 26]

Thank you so much for the reply!

 

1. She will get 2-year PR because we've been married for less than 2 years. Won't that be considered adjust of status when she has to apply for 10-year PR? Or should I skip it?

 

Another question. She abandoned her asylum claim/case in US when her family decided to migrate to Canada through the unofficial/illegal entry in Montreal. Will her asylum case in the US impact our chances of approval? As far as I know, she never overstayed her visitor visa, but just abandoned her asylum claim without informing the authorities.

[Quarknase 1,072]

46 minutes ago, Temp_Xyz said:

Thank you so much for the reply!

 

1. She will get 2-year PR because we've been married for less than 2 years. Won't that be considered adjust of status when she has to apply for 10-year PR? Or should I skip it?

 

Another question. She abandoned her asylum claim/case in US when her family decided to migrate to Canada through the unofficial/illegal entry in Montreal. Will her asylum case in the US impact our chances of approval? As far as I know, she never overstayed her visitor visa, but just abandoned her asylum claim without informing the authorities.

1. No - that process is called removal of conditions and has nothing to do with the initial application. She will have to file for removal of conditions before her 2 year greencard expires.

A prior case should not impact the petition, however if anything in any of the paperwork looks like it was filed only to gain immigration benefits in the US, you might face some scrutiny.

[Temp_Xyz 26]

Thank you Quarknase.

 

1. I wonder why they even provided that option then. I was thinking to fill that in just to be safe (better to provide more info than lack of, right?).

 

I came to Canada to visit her for a couple months, and have been here due to COVID-19. I am working remotely. My permanent residence is still in US.

 

I gave my US address as my current mailing address. I should say no for "Do you live at your current mailing address?", correct?

 

And for "Where have you lived during the last 5 years?", I should provide the current Canadian address, correct?

 

Will that cause any issues to the fact that the sponsor needs to be in US to file the I-130? Or is online submission a slight exception to that?

[pushbrk 12,636]

5 hours ago, Temp_Xyz said:

Thank you Quarknase.

 

1. I wonder why they even provided that option then. I was thinking to fill that in just to be safe (better to provide more info than lack of, right?).

 

I came to Canada to visit her for a couple months, and have been here due to COVID-19. I am working remotely. My permanent residence is still in US.

 

I gave my US address as my current mailing address. I should say no for "Do you live at your current mailing address?", correct?

 

And for "Where have you lived during the last 5 years?", I should provide the current Canadian address, correct?

 

Will that cause any issues to the fact that the sponsor needs to be in US to file the I-130? Or is online submission a slight exception to that?

You are "visiting" Canada.  You don't and probably never have "resided" in Canada.  You do NOT have to be in the US to file the I-130.  You will just send or courier to a US address.

 

Edited April 8, 2020 by pushbrk

[Temp_Xyz 26]

55 minutes ago, pushbrk said:

You are "visiting" Canada.  You don't and probably never have "resided" in Canada.  You do NOT have to be in the US to file the I-130.  You will just send or courier to a US address.

 

I have a lease in both of our names. Do I consider it then?

 

What do you mean 'You will just send or courier to a US address.'? Is that for any mail from USCIS?

[pushbrk 12,636]

20 minutes ago, Temp_Xyz said:

I have a lease in both of our names. Do I consider it then?

 

What do you mean 'You will just send or courier to a US address.'? Is that for any mail from USCIS?

You do not have permission to "reside" in Canada.  Even if you OWN a home there, you are just visiting.  Your physical and mailing address are your US address.

 

You said the petitioner had to be IN THE US to file the petition.  That is not correct.  You can file the petition from anywhere.  Just use Canada Post or FedEx etc.  You'll mail the petition to a US lockbox facility of USCIS, or you can file online.

 

Why do you think you need to be IN THE US, to file the petition?  You wrote....

Will that cause any issues to the fact that the sponsor needs to be in US to file the I-130? Or is online submission a slight exception to that?

 

Edited April 8, 2020 by pushbrk