I130 filed for non US Spouse now what??/

kharris

New Member
I am totally clueless, I filed the I130 for my spouse in September along with a the Biographic information and passport photos..the California Service center has our information and every time I check the status it says processing. We have not received anything since. He is not in the US at the moment as we work on ships. Should he return to his country or back to the US? Should I go ahead send in the other forms? From the looks of everything on this fourm I should have sent everything together. He has taken his medical already and we have xrays. Why haven't we received any other information?
 
From your description, he is not eligible to stay in the US to complete the process via adjustment of status, so he will have to pursue the process outside the US at a consulate. That includes doing the medical AFTER I-130 approval, in his own country. So you wasted your money getting the medical inside the US.

After I-130 approval, the NVC will contact you, and the consulate in his country will contact him for additional paperwork and to set up the interview date (only he has to be at the consular interview).

I hope you selected an appropriate consulate on question 22 of the I-130.

Are you a US citizen?
 
Oh crap! I just realized that on question 22 of the I-130 on my wifes form it states what city/country will she be wanting the visa from. Because the question stated off with "complete the following if....AOS etc" I left that blank as I thought it applied only if you'll be doing an AOS. We're not doing an AOS and she'll be applying from Lahore, Pakistan - I just sent off the I-130 today! Will they send the form back to me or will they deny or is it not a big deal? Oh no - am worried now!

Question 22 seems to be a VERY BADLY structured question: it reads in BOLD " Complete the information below if your relative is in the United States and will apply for adjustment of status". On reading this I knew she wasn't eligible for AOS so I skipped the question. Then in NON-BOLD the question continues "if your relative is not eligible for AOS he or she will apply for a visa abroad at the American consular post in..."

As I read the bold only and made the assumption that the rest of the question is for AOS only, I didn't put down Lahore, Pakistan as the city and country where she'll be needing her visa from. Will my form be rejected?

My wife is not eligible for AOS and she is not in the US, but in Lahore, Pakistan.
 
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Oh crap! I just realized that on question 22 of the I-130 on my wifes form it states what city/country will she be wanting the visa from. Because the question stated off with "complete the following if....AOS etc" I left that blank as I thought it applied only if you'll be doing an AOS. We're not doing an AOS and she'll be applying from Lahore, Pakistan - I just sent off the I-130 today! Will they send the form back to me or will they deny or is it not a big deal? Oh no - am worried now!

Question 22 seems to be a VERY BADLY structured question: it reads in BOLD " Complete the information below if your relative is in the United States and will apply for adjustment of status". On reading this I knew she wasn't eligible for AOS so I skipped the question. Then in NON-BOLD the question continues "if your relative is not eligible for AOS he or she will apply for a visa abroad at the American consular post in..."

As I read the bold only and made the assumption that the rest of the question is for AOS only, I didn't put down Lahore, Pakistan as the city and country where she'll be needing her visa from. Will my form be rejected?

My wife is not eligible for AOS and she is not in the US, but in Lahore, Pakistan.

Investigate the NVC website. If they offer no alternative, once you get the I-130 approval, if no alternative is indicated on the notice, you can file always an I-824 to indicate which consulate she will use.
 
Phew - so I assume that it's not a deal breaker then? This can be included at a later date and an approval is possible even though that field was left blank?
 
If you leave question 22 blank they will pick a consulate. Usually it will be the closest one to the immigrant's address that was listed on the I-130. But if there are multiple consulates in that country, they might pick one further away. Or if the immigrant's address is not in their country of citizenship, they might pick a consulate in the country of citizenship.

So don't worry, they will pick a consulate, but it might be an inconvenient one. If it's too difficult for your wife to travel to the one they select, file I-824 to request another one (but first check with the desired consulate if they do immigrant visa interviews).
 
After reading this thread, i went back and check #22 on my form. I put N/A. If my wife already have visa, do i need to fill this out? I'm getting ready to turn in form I-130 to get her a greencard. She's living in thailand and working there at the moment. I'm a US citizen and we were married here in CA
 
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