Next step after I130 Approval for PR based family petition (merged)

[americanlegal 1]

Can a spouse (and young children) with NATO-2 visa be petitioned for permanent residency while working in US? I-130 has been filed. But heard that NATO-2 visa has restrictions... 

[gregcrs2 1,778]

Although the NATO-2 visa permits its holders to travel freely about the United States on an open-ended basis, it also imposes certain clear restrictions. All NATO-2 visa holders are prohibited from obtaining other types of entry clearances without returning to their home countries. They may not apply for Adjustment of Status consideration or receive tourist visas. The qualifying relatives of a primary NATO-2 visa holder must leave the United States at the conclusion of the primary holder’s business here.

[americanlegal 1]

On 12/6/2021 at 10:21 PM, gregcrs2 said:

Although the NATO-2 visa permits its holders to travel freely about the United States on an open-ended basis, it also imposes certain clear restrictions. All NATO-2 visa holders are prohibited from obtaining other types of entry clearances without returning to their home countries. They may not apply for Adjustment of Status consideration or receive tourist visas. The qualifying relatives of a primary NATO-2 visa holder must leave the United States at the conclusion of the primary holder’s business here.

Thank you for the reply. I have started I-130 for my husband and children who hold NATO2. Based on your advice, they will have to leave the country and apply the immigration visa when it becomes available in Canada(home country)... 

[Ryan H 3,812]

~~~Duplicate thread removed, please do not post identical threads on the same issue.~~~

[gregcrs2 1,778]

1 hour ago, americanlegal said:

Thank you for the reply. I have started I-130 for my husband and children who hold NATO2. Based on your advice, they will have to leave the country and apply the immigration visa when it becomes available in Canada(home country)... 

It's not my advice, it's the law.  They can stay in the US until his NATO assignment is completed but there is no provision to stay here and adjust from a NATO-2 visa.   Good luck!

[americanlegal 1]

On 12/8/2021 at 11:37 PM, Ryan H said:

~~~Duplicate thread removed, please do not post identical threads on the same issue.~~~

Sorry I was just starting to use the platform and wasn't sure how to post and if I have posted it. Thanks for removing.

[americanlegal 1]

On 12/8/2021 at 11:47 PM, gregcrs2 said:

It's not my advice, it's the law.  They can stay in the US until his NATO assignment is completed but there is no provision to stay here and adjust from a NATO-2 visa.   Good luck!

Can I ask you one more follow up question - do the rest of my family have to go back to home country to apply the visa or can they go to Mexico to apply visa at the consulate there? It's much easier for us to go to Mexico. 

[Redro 4,611]

On 12/5/2021 at 1:12 PM, americanlegal said:

Can a spouse (and young children) with NATO-2 visa be petitioned for permanent residency while working in US? I-130 has been filed. But heard that NATO-2 visa has restrictions... 

How and when did you obtain your LPR status? 

You have IR1/CR1 visa. That is the visa for the spouse of a US citizen. 

 

[gregcrs2 1,778]

12 hours ago, americanlegal said:

Can I ask you one more follow up question - do the rest of my family have to go back to home country to apply the visa or can they go to Mexico to apply visa at the consulate there? It's much easier for us to go to Mexico. 

If they do not have legal residency status in Mexico then they cannot apply from there.  They will need to return to their home country.  

Edited December 11, 2021 by gregcrs2

[americanlegal 1]

On 12/10/2021 at 9:27 PM, Kor2USA said:

How and when did you obtain your LPR status? 

You have IR1/CR1 visa. That is the visa for the spouse of a US citizen. 

 

I have been a US PR since before we married. But I have no idea that I could petition for my family with PR status. I thought you had to be a citizen...so as soon as I found out (after 8 years of being married), I put in the application. And it happened that my husband and children are in the US for his job. But we didn't anticipate that things change so soon after I submitted the application and, the type of visa they hold doesn't allow AOS filling either... a whole mess one after another. 

[Redro 4,611]

8 hours ago, americanlegal said:

I have been a US PR since before we married. But I have no idea that I could petition for my family with PR status. I thought you had to be a citizen...so as soon as I found out (after 8 years of being married), I put in the application. And it happened that my husband and children are in the US for his job. But we didn't anticipate that things change so soon after I submitted the application and, the type of visa they hold doesn't allow AOS filling either... a whole mess one after another. 

Okay. Your profile information appears to be incorrect it states "Ukraine" and "CR1/IR Visa".It implies the beneficiary is from Ukraine and married a US citizen. But, you've stated your partner is from Canada and you're filing F2A. It would be great if you could correct your profile information to avoid further confusion going forward. 

 

There are some rules about who can't file an I-130.

Generally if you obtained your LPR status via a USC through marriage you can't file for a new spouse UNLESS 

you are now a US citizen or you've been a permanent resident for more than 5 years. So, I was asking about your status and how you obtained it to make sure you are able to file for your spouse.

 

You may NOT file Form I-130 for a person in the following categories:

5. A spouse, if you gained lawful permanent resident status through a prior marriage to a U.S. citizen or lawful permanent resident, unless: A. You are now a naturalized U.S. citizen; B. You have been a lawful permanent resident for at least five years; C. You can establish by clear and convincing evidence that you did not enter the prior marriage (through which you gained your lawful permanent resident status) in order to evade any U.S. immigration law; or D. Your prior marriage through which you gained your immigrant status was terminated by the death of your former spouse;

 

https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf

Edited December 15, 2021 by Kor2USA

[americanlegal 1]

3 hours ago, Kor2USA said:

Okay. Your profile information appears to be incorrect it states "Ukraine" and "CR1/IR Visa".It implies the beneficiary is from Ukraine and married a US citizen. But, you've stated your partner is from Canada and you're filing F2A. It would be great if you could correct your profile information to avoid further confusion going forward. 

 

There are some rules about who can't file an I-130.

Generally if you obtained your LPR status via a USC through marriage you can't file for a new spouse UNLESS 

you are now a US citizen or you've been a permanent resident for more than 5 years. So, I was asking about your status and how you obtained it to make sure you are able to file for your spouse.

 

You may NOT file Form I-130 for a person in the following categories:

5. A spouse, if you gained lawful permanent resident status through a prior marriage to a U.S. citizen or lawful permanent resident, unless: A. You are now a naturalized U.S. citizen; B. You have been a lawful permanent resident for at least five years; C. You can establish by clear and convincing evidence that you did not enter the prior marriage (through which you gained your lawful permanent resident status) in order to evade any U.S. immigration law; or D. Your prior marriage through which you gained your immigrant status was terminated by the death of your former spouse;

 

https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf

I totally don't know how Ukraine got on there. I put in Canada as my spouse's home country but it didn't get reflected at all. And there was not a choice of NATO visa (which is what my husband holds) so i have to go with the family PR type. I got my PR through work sponsorship (H-1B then PR). IT was all done by my company before I even met my husband. I have been a PR for over 10 years... 

[Redro 4,611]

4 minutes ago, americanlegal said:

I totally don't know how Ukraine got on there. I put in Canada as my spouse's home country but it didn't get reflected at all. And there was not a choice of NATO visa (which is what my husband holds) so i have to go with the family PR type. I got my PR through work sponsorship (H-1B then PR). IT was all done by my company before I even met my husband. I have been a PR for over 10 years... 

Click on your name then go to "edit profile". 

For visa type you should put in "F2A" as the IR-1/CR-1 visa is for spouses of a US citizen. 

You can also change your country to Canada when you go to the edit profile option. 

[americanlegal 1]

On 12/8/2021 at 11:47 PM, gregcrs2 said:

It's not my advice, it's the law.  They can stay in the US until his NATO assignment is completed but there is no provision to stay here and adjust from a NATO-2 visa.   Good luck!

We just got the I130 approval today. The I797 Notice of Action letter says the next step is to file I485 (the wordings are: the petition indicates that the beneficiary is in the US and wishes to apply for adjustment of status. He or she should submit a copy of this notice along with Form I-485..). Should we follow that instruction?  On the second paragraph of the notice letter, it says "if the beneficiary decides to apply for an immigrant visa outside the US based on this petition, you should file I-824 Application for Action on an Approve Application or Petition to request that we send the petition to the US Department of state National visa center. 

[americanlegal 1]

I just got the I130 approval for my husband and 2 young children. But I thought to post this one to make sure I can truly understand the next steps as our case is different... My husband and 2 young children are on their government visa (NATO-2) in the US now.  The I797 Notice of Action letter says the next step is to file I485 (the wordings are: the petition indicates that the beneficiary is in the US and wishes to apply for adjustment of status. He or she should submit a copy of this notice along with Form I-485..). Should we follow that instruction? During the past a few months, I have been hearing advice that NATO2 visa cannot apply AOS. And a legal service advisor mentioned that since I am a permanent resident, not a US citizen, my husband and kids should have their immigration visa/interview processed in their home country. I need to wait for the NVC to send us notice.

 

On the second paragraph of the notice letter, it did say "if the beneficiary decides to apply for an immigrant visa outside the US based on this petition, you should file I-824 Application for Action on an Approve Application or Petition to request that we send the petition to the US Department of state National visa center. 

 

Given the advices I have obtained, it seemed I shouldn't file for 485 AOS even if they are in the country and visas don't run out until 2023. Or should I follow the I797 suggestion to file 485 since that was on the official letter from Immigration office? Thank you all!

Edited January 25, 2022 by americanlegal