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The petition indicates that the beneficiary is in the United States but not true

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  • The petition indicates that the beneficiary is in the United States but not true

    Hello,
    I received form I-797, notifying that my petition has been approved. Also, it stated that the petition indicates that the beneficiary is in the United States and wishes to apply for adjustment of status to that of a lawful permanent resident. He or she should submit a copy of this notice along with a Form I-485.

    MY SPOUSE HAS NEVER BEEN IN THE UNITED STATES. I am confused. Please advise! Thanks.
    LBD
    Last edited by LBDoi; 02-26-2019, 09:29 AM.

  • #2
    What form did you send?
    My guess is that it say if the beneficiary is in the United States, he or she could file I-485 (that's the form to AOS for people that are in the USA). If not, then the option is consular processing and that's another form.
    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at the lockbox
    Day 999 - Card delivered to me - Aug 2021
    ---
    All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

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    • #3
      Originally posted by LBDoi View Post
      Hello,
      I received form I-797, notifying that my petition has been approved. Also, it stated that the petition indicates that the beneficiary is in the United States and wishes to apply for adjustment of status to that of a lawful permanent resident. He or she should submit a copy of this notice along with a Form I-485.

      MY SPOUSE HAS NEVER BEEN IN THE UNITED STATES. I am confused. Please advise! Thanks.
      LBD
      If you filed an I-130 for your spouse, there are 2 questions on the I-130 (Part 4 61 & 62 on the latest edition of the I-130) which ask you where your relative will apply for AOS in the US, and which consulate abroad your relative will apply for an immigrant visa abroad at. You are only supposed to answer one of these questions. If your spouse wanted to do AOS, you would have only answered the first question, and if your spouse wanted to do CP, you would have answered only the second question. Which ones did you answer?

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        The petition indicates that the beneficiary is in the United States but not true

        Originally posted by newacct View Post
        If you filed an I-130 for your spouse, there are 2 questions on the I-130 (Part 4 61 & 62 on the latest edition of the I-130) which ask you where your relative will apply for AOS in the US, and which consulate abroad your relative will apply for an immigrant visa abroad at. You are only supposed to answer one of these questions. If your spouse wanted to do AOS, you would have only answered the first question, and if your spouse wanted to do CP, you would have answered only the second question. Which ones did you answer?
        Hi,
        I selected question 62 from which my spouse will do AOS from another country. This is clearly an error that must be fixed before further processing.

        - - - Updated - - -

        Originally posted by Enub4 View Post
        What form did you send?
        My guess is that it say if the beneficiary is in the United States, he or she could file I-485 (that's the form to AOS for people that are in the USA). If not, then the option is consular processing and that's another form.
        I sent form I-130. And my petition was approved but my spouse has never been in US but it was asked to file form I-485 that cofused me.

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        • #5
          Approved I130 doesn?t mean that your spouse gets a GC (they should let you know when her visa is ready so she can come here first). But you still have to file i485 to get your spouse a legal status.
          Originally posted by LBDoi View Post
          Hi,
          I selected question 62 from which my spouse will do AOS from another country. This is clearly an error that must be fixed before further processing.

          - - - Updated - - -


          I sent form I-130. And my petition was approved but my spouse has never been in US but it was asked to file form I-485 that cofused me.

          Comment

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