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

[mam521 2,058]

Please correct me if I'm wrong, but you've petitioned for your husband and kids as a LPR for Family Preference visas, correct?  

 

I could be wrong here, but since you've petitioned for your family members in a Family Preference category, you are attempting to adjust status from marriage.  Your husband can't adjust status from his NATO-2 unless he meets certain criteria, but that's not what you're attempting to do - you're petitioning him based on marriage and your children as the derivatives of the marriage.  

 

An "elder" VJ member who's familiar with NATO visas will need to chime in.  

[millefleur 5,046]

**Similar threads relating to the same case merged.**

 

VJ Moderation

[americanlegal 1]

6 hours ago, mam521 said:

Please correct me if I'm wrong, but you've petitioned for your husband and kids as a LPR for Family Preference visas, correct?  

 

I could be wrong here, but since you've petitioned for your family members in a Family Preference category, you are attempting to adjust status from marriage.  Your husband can't adjust status from his NATO-2 unless he meets certain criteria, but that's not what you're attempting to do - you're petitioning him based on marriage and your children as the derivatives of the marriage.  

 

An "elder" VJ member who's familiar with NATO visas will need to chime in.  

Yes you are correct. LPR for family based visas. They are in the country as NATO2 visa holders because of my husband's job. We got the I-130 approval now. And on the I-130, I did check off to process in the United States instead of visa centers outside of US...Later I am hearing Nato-2 might not be able to adjust? The question is if I need to reroute the case? How does that work? 

Edited January 26, 2022 by americanlegal

[mam521 2,058]

2 minutes ago, americanlegal said:

Yes you are correct. LPR for family based visas. They are in the country as NATO2 visa holders because of my husband's job. We got the I-130 approval now. And on the I-130, I did check off to process in the United States instead of visa centers outside of US...Later I am hearing Nato-2 might not be able to adjust? 

NATO-2 can’t adjust from NATO-2 as far as I know. But he’s not adjusting on his nato-2. He’s adjusting through marriage to a LPR. 
 

I was originally on the US on a work visa. I met my partner, got married and even though I still had a valid work visa, the greencard petition had nothing to do with work. It was a petition through marriage. See where I’m going? He’s not adjusting through work or attempting to adjust from nato. His adjustment is a different category all together - it’s a family category because of your LPR. Essentially, it’s entirely independent from his NATO-2 visa. 

[Redro 4,611]

You should read the instructions at https://travel.state.gov/content/travel/en/us-visas/other-visa-categories/visa-employees-nato/change-status.html

 

Adjustments to immigrant status: The Diplomatic Liaison Division and the U.S. Mission to the UN do not endorse I-566 forms for individuals requesting adjustment to immigrant status. Contact the USCIS office that is responsible for the U.S. state where you reside to request adjustment to immigrant status. 

Further Questions

 

For the Following Services:	Contact:
A, G, and NATO visas (except for the UN community)	Diplomatic Liaison Division Visa Office, Department of State (202) 485-7681 2:00-3:00 p.m. (EST) Monday through Friday, except holidays or diplomaticvisas@state.gov

[mam521 2,058]

6 hours ago, Kor2USA said:

You should read the instructions at https://travel.state.gov/content/travel/en/us-visas/other-visa-categories/visa-employees-nato/change-status.html

 

Adjustments to immigrant status: The Diplomatic Liaison Division and the U.S. Mission to the UN do not endorse I-566 forms for individuals requesting adjustment to immigrant status. Contact the USCIS office that is responsible for the U.S. state where you reside to request adjustment to immigrant status. 

Further Questions

 

For the Following Services:	Contact:
A, G, and NATO visas (except for the UN community)	Diplomatic Liaison Division Visa Office, Department of State (202) 485-7681 2:00-3:00 p.m. (EST) Monday through Friday, except holidays or diplomaticvisas@state.gov

That's her challenge - she understands this.  But USCIS told her to fill out the AOS.  

 

I'd call a lawyer.  Just easier in this instance.  

[Redro 4,611]

2 hours ago, mam521 said:

That's her challenge - she understands this.  But USCIS told her to fill out the AOS.  

 

I'd call a lawyer.  Just easier in this instance.  

Yep, this is for sure lawyer territory.

But, they might be asking her if they want to adjust because the husband is currently in the US.

They might just have to contact USCIS to get permission. 

 

 

Edited January 26, 2022 by Kor2USA

[jan22 3,049]

12 hours ago, mam521 said:

NATO-2 can’t adjust from NATO-2 as far as I know. But he’s not adjusting on his nato-2. He’s adjusting through marriage to a LPR. 
 

I was originally on the US on a work visa. I met my partner, got married and even though I still had a valid work visa, the greencard petition had nothing to do with work. It was a petition through marriage. See where I’m going? He’s not adjusting through work or attempting to adjust from nato. His adjustment is a different category all together - it’s a family category because of your LPR. Essentially, it’s entirely independent from his NATO-2 visa. 

But, he would still be adjusting FROM a NATO-2 status.

 

The process to adjust from A, G, or NATO status is complex, since these statuses grant the individual cretain privileges and immunities while they are in that status in the US that are not in line with permanent resident status.  The process doesn't begin with an I-130.  It requires, first of all, the submission of an I-566 to the international organization (NATO, in this case) for their approval.  If NATO approves the I-566, they will forward it and all the supporting documents to USCIS to adjudicate the adjustment request.

 

Read the instructions for this form (https://www.uscis.gov/i-566) very carefully -- a lot will not apply to you, however. Just make sure you are following information for adjustment FROM (NATO Nonimmigrant)  TO (Immigrant).  You will also need to file:

•  I-94;
• I-485 (Application to...Adjust Status);
• I-508 (Request to Waive Certain Rights, Privileges, Exemptions, and Immunities); and,
• Any other documents that show your eligibility for the status you are requesting (all of the documents required for the I-130).

In your case, since you have an approved I-130, you might want to just file the form to change to overseas visa processing (Form I-824).  But, doing that will likely result in your husband not being able to return to the US to his NATO position, so you need to take that into consideration for the timing.  It will take some time, however, for USCIS to process the I-824 request, and then you can take some time to submit the required documents.  By doing that, you could make sure the visa interview is at or after the end of his assignment.

 

What you cannot do is just file the I-485 to adjust status -- it will be denied, since NATO has not approved and waived his immunities.

[mam521 2,058]

1 hour ago, jan22 said:

But, he would still be adjusting FROM a NATO-2 status.

 

The process to adjust from A, G, or NATO status is complex, since these statuses grant the individual cretain privileges and immunities while they are in that status in the US that are not in line with permanent resident status.  The process doesn't begin with an I-130.  It requires, first of all, the submission of an I-566 to the international organization (NATO, in this case) for their approval.  If NATO approves the I-566, they will forward it and all the supporting documents to USCIS to adjudicate the adjustment request.

 

Read the instructions for this form (https://www.uscis.gov/i-566) very carefully -- a lot will not apply to you, however. Just make sure you are following information for adjustment FROM (NATO Nonimmigrant)  TO (Immigrant).  You will also need to file:

•  I-94;
• I-485 (Application to...Adjust Status);
• I-508 (Request to Waive Certain Rights, Privileges, Exemptions, and Immunities); and,
• Any other documents that show your eligibility for the status you are requesting (all of the documents required for the I-130).

In your case, since you have an approved I-130, you might want to just file the form to change to overseas visa processing (Form I-824).  But, doing that will likely result in your husband not being able to return to the US to his NATO position, so you need to take that into consideration for the timing.  It will take some time, however, for USCIS to process the I-824 request, and then you can take some time to submit the required documents.  By doing that, you could make sure the visa interview is at or after the end of his assignment.

 

What you cannot do is just file the I-485 to adjust status -- it will be denied, since NATO has not approved and waived his immunities.

  That's why I said a more senior person familiar with NATO visas was needed!  Helps me learn, too, so thanks for the info!

[americanlegal 1]

On 1/26/2022 at 11:08 AM, jan22 said:

But, he would still be adjusting FROM a NATO-2 status.

 

The process to adjust from A, G, or NATO status is complex, since these statuses grant the individual cretain privileges and immunities while they are in that status in the US that are not in line with permanent resident status.  The process doesn't begin with an I-130.  It requires, first of all, the submission of an I-566 to the international organization (NATO, in this case) for their approval.  If NATO approves the I-566, they will forward it and all the supporting documents to USCIS to adjudicate the adjustment request.

 

Read the instructions for this form (https://www.uscis.gov/i-566) very carefully -- a lot will not apply to you, however. Just make sure you are following information for adjustment FROM (NATO Nonimmigrant)  TO (Immigrant).  You will also need to file:

•  I-94;
• I-485 (Application to...Adjust Status);
• I-508 (Request to Waive Certain Rights, Privileges, Exemptions, and Immunities); and,
• Any other documents that show your eligibility for the status you are requesting (all of the documents required for the I-130).

In your case, since you have an approved I-130, you might want to just file the form to change to overseas visa processing (Form I-824).  But, doing that will likely result in your husband not being able to return to the US to his NATO position, so you need to take that into consideration for the timing.  It will take some time, however, for USCIS to process the I-824 request, and then you can take some time to submit the required documents.  By doing that, you could make sure the visa interview is at or after the end of his assignment.

 

What you cannot do is just file the I-485 to adjust status -- it will be denied, since NATO has not approved and waived his immunities.

I think I finally understood what you are suggesting on filing without I-130. It is actually not for our type of case. It is more so for the retired NATO members who meet certain number of years working in the US. They have the previledge to go straight to permanent resident. For family sponsorship, we need the 508 along 485...

[americanlegal 1]

On 1/26/2022 at 1:44 AM, Kor2USA said:

You should read the instructions at https://travel.state.gov/content/travel/en/us-visas/other-visa-categories/visa-employees-nato/change-status.html

 

Adjustments to immigrant status: The Diplomatic Liaison Division and the U.S. Mission to the UN do not endorse I-566 forms for individuals requesting adjustment to immigrant status. Contact the USCIS office that is responsible for the U.S. state where you reside to request adjustment to immigrant status. 

Further Questions

 

For the Following Services:	Contact:
A, G, and NATO visas (except for the UN community)	Diplomatic Liaison Division Visa Office, Department of State (202) 485-7681 2:00-3:00 p.m. (EST) Monday through Friday, except holidays or diplomaticvisas@state.gov

I actually called them and it was answered right away! But this is for inter changes or other visas to A/G/NATO...not related to immigrant visas.. The person who answered the phone was definitely nice to speak with. So thank you.

[Redro 4,611]

30 minutes ago, americanlegal said:

I actually called them and it was answered right away! But this is for inter changes or other visas to A/G/NATO...not related to immigrant visas.. The person who answered the phone was definitely nice to speak with. So thank you.

Adjustments to immigrant status: The Diplomatic Liaison Division and the U.S. Mission to the UN do not endorse I-566 forms for individuals requesting adjustment to immigrant status. Contact the USCIS office that is responsible for the U.S. state where you reside to request adjustment to immigrant status. 

 

This is the part I was referring to Adjustments to immigrant status. Sounds like you got the go ahead and you can do the entire process in country! Congratulations~ 

[jan22 3,049]

8 hours ago, americanlegal said:

I think I finally understood what you are suggesting on filing without I-130. It is actually not for our type of case. It is more so for the retired NATO members who meet certain number of years working in the US. They have the previledge to go straight to permanent resident. For family sponsorship, we need the 508 along 485...

But even for a family-based, it doesn't start with an I-130...it basically starts with the I-566, along with the I-508 and I-485, etc.  The I-130 would be included with the "Any other documents that show your eligibility...".  Since you already have an approved I-130, you would include the I-797 petition approval. 

 

The key is either processing the case in the US via an approved I-566 to waive his privileges and immunities or leaving the US (thus not being in the US in a status that has privileges and immunities) and doing consular processing for a visa.  Sorry I wasn't too clear about what I meant.

Edited February 5, 2022 by jan22

[americanlegal 1]

18 hours ago, Kor2USA said:

Adjustments to immigrant status: The Diplomatic Liaison Division and the U.S. Mission to the UN do not endorse I-566 forms for individuals requesting adjustment to immigrant status. Contact the USCIS office that is responsible for the U.S. state where you reside to request adjustment to immigrant status. 

 

This is the part I was referring to Adjustments to immigrant status. Sounds like you got the go ahead and you can do the entire process in country! Congratulations~ 

Wow, where did you find that?! It's a kind of what the person on the phone told me too. They don't do any adjustment to immigrant status when it comes to 566. Thank you!

[americanlegal 1]

10 hours ago, jan22 said:

But even for a family-based, it doesn't start with an I-130...it basically starts with the I-566, along with the I-508 and I-485, etc.  The I-130 would be included with the "Any other documents that show your eligibility...".  Since you already have an approved I-130, you would include the I-797 petition approval. 

 

The key is either processing the case in the US via an approved I-566 to waive his privileges and immunities or leaving the US (thus not being in the US in a status that has privileges and immunities) and doing consular processing for a visa.  Sorry I wasn't too clear about what I meant.

I know... I just found out recently I could actually send in 485 with 130 together...oh well.

I will now file 508 along 485 instead..And you are right, we need to waive the rights/immunities when we send in 485. Otherwise it will delay the process.