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Thread: i-130 Part 4 Question 62a-c

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    i-130 Part 4 Question 62a-c

    I am filling out the i-130 for my wife who has DACA. Can someone assist me and tell me what I need to enter on part 4, questions 62a-c that states: "Provide the beneficiary's current employment information (if applicable), even if they are employed outside of the United States. If the beneficiary is currently unemployed, type or print "Unemployed" in Item Number 51.a."? Please note that we are Mexican and I'm don't know if I'm supposed to be entering Juarez Mexico where the US consulate is located.

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    I think you quoted the wrong question. I-130 part 4 question 62a-c is about what US consulate the immigrant would do consular processing at. Basically, if she would do AOS, she would fill out question 61a-b (and put N/A for question 62a-c), and if she would do Consular Processing, she would fill out question 62a-c (and put N/A for question 61a-b).

    If you are not sure whether she can do AOS or has to do Consular Processing (and whether that may require things like waivers), we can help you figure it out but you would need to provide more information, like are you a US citizen, did she enter the US legally, what age she got DACA, etc.
    -----------------------------------------------------------------------------------------
    This is my personal opinion and is not to be construed as legal advice.

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    Yes, I totally quoted the wrong thing.Thank you. So I am a legal resident but will be starting the process to become a US citizen. My wife did not enter the Country legally and she obtained her DACA status at the age of 28. Thank you.
    Last edited by Erickguti; 04-14-2017 at 04:06 PM.

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    Well there are several potential options. She is not eligible for AOS now even if you become a citizen because she did not enter legally. There are some potential ways for her to AOS. (I'm assuming she only entered the US once, as there may be more issues if there was a previous stay.) One is if she is an immediate family member of an active member of the US military, she may be able to get Parole-in-Place (not sure if Trump will end it at some point), which counts as a legal entry which allows her to do AOS when you become a citizen. The other is, since she has DACA, she can try to apply for Advance Parole if she can come up with a humanitarian reason to go abroad (e.g. visit an ailing relative); if she can get that, and leave and re-enter the US with the AP, she has a legal entry and can do AOS when you become a citizen (also not sure whether Trump will end APs for DACA at some point).

    If she can't do AOS, the alternative is Consular Processing in her home country (which I believe you said was Mexico), which requires leaving the US, which triggers a 10-year ban for more than 1 year of unlawful presence and then leaving without AP. She would need a waiver, which requires demonstrating "extreme hardship" to her spouse or parent who is an LPR or USC if she can't be in the US (in her case, it would be "extreme hardship" to you); note that "extreme hardship" is hard to establish. She should apply for a "provisional waiver" with I-601A before she leaves the US, so she would know the result before she leaves, so she won't be stuck abroad if it is denied. (Also not sure if the I-601A process will end at some point.) If that gets denied, then she should just forgo immigrating for now and stay in the US with DACA and see if some relief is granted to DACA beneficiaries in the future.

    So the two main things to try are 1) Advance Parole based on DACA, and 2) provisional waiver. The latter requires that the I-130 be approved and that she be in the process of getting her immigrant visa. If you file I-130 now, it will be in F2A category which has a wait of 1-2 years, but it can be upgraded to Immediate Relative category when you become a citizen. I think you should file the I-130 right now to start the process, and choose Consular Processing because she is not eligible for AOS now. I believe that, yes, you would put Cuidad Juarez, Mexico for that question. And then she should also concurrently pursue Advance Parole based on DACA if she can find a humanitarian reason. If later she gets a legal entry and becomes eligible for AOS, she can always apply for AOS even if the I-130 indicated Consular Processing.
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    This is my personal opinion and is not to be construed as legal advice.

  5. The Following User Says Thank You to newacct For This Useful Post:

    inadmissible (04-14-2017)

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    Thank you so much for this very helpful information!

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    Question Part 4, 61 - 62

    I'm a bit confused on how to answer questions 61 and 62 in Part 4 of the I-130 (07/31/2018).

    "The beneficiary is in the United States and will apply for the adjustment of status to that of a lawful permanent resident at the U.S. Citizenship and Immigration Services (USCIS) office in:"
    61.a. City or Town
    61.b. State
    "The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in:
    62.a. City or Town
    62.b. Province
    62.c. Country

    So for the first part, the beneficiary (my wife) and I are not living in the US. But, if she is given the IR-1/Cr-1 visa, she may have to apply for Adjustment of Status (AOS) if she gains US residency before our two-year wedding anniversary. In that case, we would be in the US, and she'd likely apply in CO, which is where we plan to live.

    As she is not in the US at the moment but may have to apply for AOS in the States, it's a bit unclear.

    The second part says that "she will apply for an immigrant visa abroad." Is this talking about Direct Consular Filing (DCF)? I would do DCF, but Ecuador doesn't do it. So we're not applying for the visa abroad but with USCIS in the States (at the Chicago lockbox).

    Not sure what to do here. I appreciate any help or clarification.

    Thanks in advance!

    ~ John ~

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    Quote Originally Posted by jbbuck View Post
    I'm a bit confused on how to answer questions 61 and 62 in Part 4 of the I-130 (07/31/2018).

    "The beneficiary is in the United States and will apply for the adjustment of status to that of a lawful permanent resident at the U.S. Citizenship and Immigration Services (USCIS) office in:"
    61.a. City or Town
    61.b. State
    "The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in:
    62.a. City or Town
    62.b. Province
    62.c. Country

    So for the first part, the beneficiary (my wife) and I are not living in the US. But, if she is given the IR-1/Cr-1 visa, she may have to apply for Adjustment of Status (AOS) if she gains US residency before our two-year wedding anniversary. In that case, we would be in the US, and she'd likely apply in CO, which is where we plan to live.

    As she is not in the US at the moment but may have to apply for AOS in the States, it's a bit unclear.

    The second part says that "she will apply for an immigrant visa abroad." Is this talking about Direct Consular Filing (DCF)? I would do DCF, but Ecuador doesn't do it. So we're not applying for the visa abroad but with USCIS in the States (at the Chicago lockbox).

    Not sure what to do here. I appreciate any help or clarification.

    Thanks in advance!

    ~ John ~
    You are confused. Someone who enters the US with an immigrant visa (which is what IR-1/CR-1 is) immediately becomes a permanent resident upon entry, and never does Adjustment of Status, which is the process for getting permanent residency from inside the US.

    She is applying for an immigrant visa abroad. This is not only about DCF. You are submitting the petition to USCIS, and after they approve it, they will forward it to NVC and she will apply for an immigrant visa at a US consulate.
    -----------------------------------------------------------------------------------------
    This is my personal opinion and is not to be construed as legal advice.

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    Thanks! So I'll put "N/A" in 61.a. and 61.b.

    Then I complete 62 with with information for the US consulate or embassy here in Ecuador. Right?

    As for the AOS I mentioned, I was referring to this on the USCIS website: "Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence." https://www.uscis.gov/green-card/aft...based-marriage

    Thanks again newacct!

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    Quote Originally Posted by jbbuck View Post
    Thanks! So I'll put "N/A" in 61.a. and 61.b.

    Then I complete 62 with with information for the US consulate or embassy here in Ecuador. Right?
    yes

    Quote Originally Posted by jbbuck View Post
    As for the AOS I mentioned, I was referring to this on the USCIS website: "Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence." https://www.uscis.gov/green-card/aft...based-marriage
    Yes, so if on the day your wife becomes a permanent resident (either through AOS in the US or through Consular Processing abroad and entering the US with an immigrant visa), she has been married for less than 2 years, then she becomes a conditional permanent resident; if on that day she has been married for at least 2 years, then she becomes a non-conditional permanent resident.
    -----------------------------------------------------------------------------------------
    This is my personal opinion and is not to be construed as legal advice.

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