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Punisher

DS-260 application question

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I will be working on ds-260 soon and in the DOS sample provided I have noticed in Family Information: Spouse, a rather strangely worded question that should differ depending on the situation:

 

"Is your spouse immigrating to the US with you?"  (if "no" then 2nd question asks about the same but "within next 6 mo")

 

Now, normally your USC spouse would NOT be said to be "immigrating" to US (regardless with or without you) as he/she already is US Citizen so can't "immigrate" to US again. And if USC is already in US at the time of file, your answer would be "no/no".

 

How did you go about it? Did you treat it as "typo" that doesn't reflect all possible situations or what?

 

Thanks

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People other than spouses petition immediate family members... e.g. adult child bringing parents over is common.. the question is generic, just tick no box if not applicable 

Edited by Duke & Marie

AOS Journey

  • I-485 etc filed 23 April 2020 
  • NOA1 I-485 June 3 2020 
  • NOA1 EAD 23 April 2020
  • Biometrics 5 Jan 2021
  • EAD approved 12 March 2021
  • Interview Completed 24 March 2021
  • EAD Card Received 1 April 2021  
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Filed: F-2A Visa Country: Nepal
Timeline
1 hour ago, Punisher said:

How did you go about it? Did you treat it as "typo" that doesn't reflect all possible situations or what?

It does reflect all possible situations which in fact is only two: Either the spouse is immigrating or not immigrating. The USC or LPR spouses of the applicant don’t immigrate so the answer would simply be No wherever it asks.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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46 minutes ago, arken said:

It does reflect all possible situations which in fact is only two: Either the spouse is immigrating or not immigrating. The USC or LPR spouses of the applicant don’t immigrate so the answer would simply be No wherever it asks.

Exactly my thoughts

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