Draper, UT asked in Immigration Law for Utah

Q: Do we need to resubmit form I-130?

I have submitted an I-130 for my wife (I am a US citizen) in November 2020.

In the form, we entered values in both the "which consulate will you be applying for adjustment of status" for a domestic consulate as well as international consulate since we weren't sure where we would be at time of adjustment (my wife had a job opportunity in the US).

Now, we are both in the US and are ready to apply for adjustment of status but are not sure if we need to submit a new I-130 since there is a value in the field for which consulate officer we would be adjusting status at (internationally), instead of only the domestic consulate that we will be submitting the adjustment of status to.

Do we need to resubmit the I-130 just to make sure that there is no value given in the international consulate field (everything else is still relevant).

Thanks!

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1 Lawyer Answer
Agnes Jury
Agnes Jury
Answered
  • Immigration Law Lawyer
  • Traverse City, MI

A: If your I-130 was received by USCIS then you do not need to submit another one. You will enter the receipt # of the I-130 on page 4, part 2, question 3; and the date your I-130 was received in question 4. Even though it appears that you plan to file for Adjustment of Status on your own, I would still recommend doing a consultation with an immigration attorney to make sure that there are no "red flags" or potential obstacles with your wife's application. Best wishes!

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