Approved i130 for spouse overseas, but indicates as if petitioned spouse is in USA

[kisha12 0]

I sent I130 petition for spouse on OCT.13, 2012 to USCIS Chicago Lockbox, to bring my spouse to USA from overseas. On Oct.16 received email notification and receipt number and a mail week later. And in about two months, on Dec.16, 2012, I received approval notice stating that, "Notice Type: Approval Notice Section: Husband or wife of U.S Citizen 201 (b) INA. However, the certificate reads: "The above petition has been approved. The petition indicates that the person for whom you are petitioning is in United States and will apply for adjustment of status" And it goes on to state that,"the information sumitted with the petition shows that the person for whom you are petitioning is not eligible to file an adjustment status at this time"

I don't know if this normal or there is something wrong for my spouse is in overseas, not in the USA? Furthermore, I see no an indication if my petition will be sent to NVC at all? I am really confused and I need some help as to what is going or what I need to do? Your help is greatly appreciated.

[milimelo 4,469]

Are you as the petitioner a USC or LPR?

[pushbrk 12,824]

I sent I130 petition for spouse on OCT.13, 2012 to USCIS Chicago Lockbox, to bring my spouse to USA from overseas. On Oct.16 received email notification and receipt number and a mail week later. And in about two months, on Dec.16, 2012, I received approval notice stating that, "Notice Type: Approval Notice Section: Husband or wife of U.S Citizen 201 (b) INA. However, the certificate reads: "The above petition has been approved. The petition indicates that the person for whom you are petitioning is in United States and will apply for adjustment of status" And it goes on to state that,"the information sumitted with the petition shows that the person for whom you are petitioning is not eligible to file an adjustment status at this time"

I don't know if this normal or there is something wrong for my spouse is in overseas, not in the USA? Furthermore, I see no an indication if my petition will be sent to NVC at all? I am really confused and I need some help as to what is going or what I need to do? Your help is greatly appreciated.

Call USCIS and make sure they know this is a visa case. You may well have just received the wrong notice. Ask them to make sure the case is sent to the National Visa Center.

[kisha12 0]

Are you as the petitioner a USC or LPR?

I am USC, milimeo.

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Edited December 22, 2012 by kisha12

[kisha12 0]

Are you as the petitioner a USC or LPR?

I am a USC, milimelo.

[kisha12 0]

Call USCIS and make sure they know this is a visa case. You may well have just received the wrong notice. Ask them to make sure the case is sent to the National Visa Center.

Thank you so much, pushbrk! I will call USCIS on Monday right away. I don't know if this has anything to do with it, but I noticed that I have left question number 22 blank since it stated, " Complete the information below if your relative is in the United States and will apply for adjustment of status." I just hope I don't have to apply for i824.

[Darnell 8,478]

ya, I left Q22 blank also,

but I called into USCIS after they received the casefile, asked them to tell me if it was pegged for consular processing or for an adjustment of status case.

I was told consular processing.

I also went over this at an infopass last week.

I know, I know - not the same scenario - as you're already pegged.

USCIS can clear this up, but you must talk with a Tier 2 Human, an ISO.

See ISO - http://www.dhs.gov/files/publications/gc_1305658440339.shtm

and Good Luck !

[kisha12 0]

ya, I left Q22 blank also,

but I called into USCIS after they received the casefile, asked them to tell me if it was pegged for consular processing or for an adjustment of status case.

I was told consular processing.

I also went over this at an infopass last week.

I know, I know - not the same scenario - as you're already pegged.

USCIS can clear this up, but you must talk with a Tier 2 Human, an ISO.

See ISO - http://www.dhs.gov/files/publications/gc_1305658440339.shtm

and Good Luck !

Thank you very much, Darnell! I will call early on Monday and I would ask to speak to tier 2 as you have suggested. Once again, thank Darnell for being such helpful, and I will update to you all the forum members as well.