Filed I-130 still need your opinion, Pls.help!

J

jasrin

Registered Users (C)
My (USC) husband filed my I-130 for me and my fifteen year old daughter who is in Philippines last APril 19, 2005. I am currently here in Northern Mariana Island (US territory), On our application (2nd page) there is a question if your relative is in the US and able to adjust status and where? We put in Agana, Guam because we thought I am in US.

On my daughter's application, she is not in the US and we put Manila, Consular office.

After a week, I called Agana Guam Immigration office, and I asked them whether if you are in Northern Mariana Island, are you in US? They said NO and I am not in US. It's a only territory.

I am very confuse, I am thinking also about my daughter, I should be with her too if they were ask her to go to US Embassy in Manila.

I need all of the gurus opinion. What can I do? Can I file for I-1824 for me so we can both go to US Emabassy in Manila?

I will really appreciate. THank you very much.
 
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jasrin said:
My (USC) husband filed my I-130 for me and my fifteen year old daughter who is in Philippines last APril 19, 2005. I am currently here in Northern Mariana Island (US territory), On our application (2nd page) there is a question if your relative is in the US and able to adjust status and where? We put in Agana, Guam because we thought I am in US.

On my daughter's application, she is not in the US and we put Manila, Consular office.

After a week, I called Agana Guam Immigration office, and I asked them whether if you are in Northern Mariana Island, are you in US? They said NO and I am not in US. It's a only territory.

I am very confuse, I am thinking also about my daughter, I should be with her too if they were ask her to go to US Embassy in Manila.

I need all of the gurus opinion. What can I do? Can I file for I-1824 for me so we can both go to US Emabassy in Manila?

I will really appreciate. THank you very much.
Click to expand...

Please do not worry, all will be OK.

Guam is under the jurisdiction of US immigration laws and you should be able to adjust status if you are physically there. There is a USCIS office in Guam, and procession time there is about one year for adjustment. Your minor daughter, however, will have to go through consular processing since she is out of the country.

In essence, your case is no different than if you were in California and your daughter were in the Philippines -- you would be able to adjust status, while she will have to go to the consulate.

If you are worried about being there with her for her interview, you should not. You will probably have your green card in hand well before her interview is scheduled, so you will be able to travel to Manila.

VERY IMPORTANT:

The officer who told you that Guam is not in the US is ***ABSOLUTELTY INCORRECT*** The Immigration and Nationality Act, Article 38, defines United States as "continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United States."

See the link below and go down to article 38. My opinion, based on the law, is that you should put down that you are IN the US, so that you can adjust status. If need be, you should cite article 38. Also look at article 36 that defines Guam as a "state," for the purposes of immigration law only.

If you are still having difficulties, you may wish to consider to get an attorney.

http://www.immigration-usa.com/ina_96_title_1.html

I hope this is helpful.
 
Thank you very much for your reply. I am not in Guam I am in Northern Mariana Island, It's a US territory beside Guam. I am a contract worker here.

And also, you mean I will get my green card before the processing of my minor daughter who is in the Philippines. I thought the time they will process mine, they will start to process the application of my minor daughter. Since we filed the I-130 at the same time.


Sorry it's our first time. I really appreciate your response. Thank you very much for your help.
 
I stand corrected

My appologies. I thought you were in Guam right now, in which case you could have adjusted there.

Unfortunately, Northern Mariana Islands are OUTSIDE the US for the purpose of immigration law. This means that, unfortunately, you cannot adjust there and you have to go to the nearest US Consulate for an immigrant visa.

The Office of Insular Affairs at the US Dept of Interior has some valuable information about each territory. Some territories such as Guam and Puerto Rico are considered "inside" the United States for the purpose of immigration law, others are considered "outside" and this is the case with NMI.

Specifically, the Office of Insular Affairs says that "the Commonwealth of Northern Mariana Islands is outside the customs territory of the United States and [...] the federal immigration laws will not apply to the Northern Mariana Islands."

This should not be a big problem. Simply indicate on the I-130 that you are outside the US and wish to apply for an immigrant visa in Manila. This way, both you and your daughter will be interviewed together.

I hope this clarifies the issue, and I am sorry for the confusion.

See the link below.

http://www.doi.gov/oia/Islandpages/cnmipage.htm'
 
Thank you very much for your reply. Since we already filed my I-130 at California Service Center, i am planning to file form I-1824 to request them to transfer my approved petition to US Consular Office in Manila. But I have a question about the form. I dont know which one I am going to check for my reason of filing the form I-1824.

No.1 The CIS to notify different US Consulate or Port of Entry concerning the approval of an application or petition. Check Box B. If approved, the CIS will cable information regarding the approval of your application or petition to a different consulate or Port-of-entry than originally requested.

No. 2 The CIS to send your approved immigrant visa to the US Dept. Of State's National Visa Center(NVC). Check Box C. This is to request the CIS to send your approved immigrant visa to the US Department of State through the NVC.

For me, i think the best reason is the no. 1 since I already wrote to my I-130 Agana , GUam and need to be transfered to US Embassy in Manila. But when I read about consular filing they usually send the approved petition to NVC then NVC will forwarded the approved petition to nearest Consular Office.

I am confuse again, I am very sorry for that I just want to make sure. I am doing this to save money. Please help me. Do I have to ask them to transfer to NVC first or I can request them to transfer my approved petition directly to US Embassy in Manila.

Thank you very much for your help. I really appreciate it.
 
jasrin said:
Thank you very much for your reply. Since we already filed my I-130 at California Service Center, i am planning to file form I-1824 to request them to transfer my approved petition to US Consular Office in Manila. But I have a question about the form. I dont know which one I am going to check for my reason of filing the form I-1824.

No.1 The CIS to notify different US Consulate or Port of Entry concerning the approval of an application or petition. Check Box B. If approved, the CIS will cable information regarding the approval of your application or petition to a different consulate or Port-of-entry than originally requested.

No. 2 The CIS to send your approved immigrant visa to the US Dept. Of State's National Visa Center(NVC). Check Box C. This is to request the CIS to send your approved immigrant visa to the US Department of State through the NVC.

For me, i think the best reason is the no. 1 since I already wrote to my I-130 Agana , GUam and need to be transfered to US Embassy in Manila. But when I read about consular filing they usually send the approved petition to NVC then NVC will forwarded the approved petition to nearest Consular Office.

I am confuse again, I am very sorry for that I just want to make sure. I am doing this to save money. Please help me. Do I have to ask them to transfer to NVC first or I can request them to transfer my approved petition directly to US Embassy in Manila.

Thank you very much for your help. I really appreciate it.
Click to expand...

I don't have much experience with form I-824. However, it seems to me that box B is to be used if you told them on the I-130 that you were outside the country and just want to move from one consulate to another. That's not your case.

By contrast, Box C is to be checked if you initially told them that you were going to adjust status, but then decided to go via the consular route. This seems to be your case. If you check box C, the USCIS will submit your case to the state department who will then schedule your interview in Manila.

Thus, my opinion (and it is only my opinion) is that you should check box C. However, I suggest that you get other opinions as well. You should re-post your message with the heading "Need help with form I-824," and then in the body of the message say that you indicated by mistake that you were going to adjust status in the US, but you really want to go consular processing, and ask people to share their opinons on what you should do.

Also, I suggest you schedule a telephone consultation with an attorney, it should not cost more than $100. S/he will be way more competent than me in assisting you with this.
 
Mr. Gringo :)

Thank you very much again for your help. You are right, I think i have to ask a lawyer about on what to do. That is my point too, when you go to consular processing NVC usually does the next step. I will do both, i will post and call a lawyer too.

Thank you very much again. you are very helpful. :)
 
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