I-797, Notice of Action Received

[abarnes 0]

Hi All,

I received an email last week that our application was approved. Today I received an I-797, Notice of Action in the mail. Is this the same thing as the NOA-2 that you have in the timeline? Here is what my letter says.

The above petition has been approved. The petition indicates that the person for who you are petitioning is in the United States and will apply for adjustment of status. He or she should contact the locate USCIS office to obtain form I-485, Application for Permanent Residence. A copy of this notices should be submitted with the application,

If the person for who you are petitioning decides to apply for a visa outside of the United States based upon this petition the petitioner should file Form I-824, Application for Action on Approved Application or Petition, to request that we send the petition to the Department of State National Visa Center (NVC).

and so on.

So, what does this mean? My husband is in the US on a valid vistor visa right now, but we had planned for him to go back to Australia when things progressed, as we were told that he had to be in Australia once things moved forward. Does he not have to go back to Australia? If he doesn't go back, does it slow things down?

Thanks

Anne and Mark

[oohpartiv 484]

Yes, that's your NOA2. After this, your case will be sent to NVC. Go to this link and read up on the procedures/documents you'll need.

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

As long as your husband's visa is valid, his staying in the US won't slow down his process, but he will need to be back in Australia for his medical appointment and interview, both of which happen after NVC. Plus, there are some documents needed for NVC that he will need to get from Australia, which might cause him needing to go back earlier.

[abarnes 0]

So, what is the first part about being in the US and applying for an I-485?

[oohpartiv 484]

So, what is the first part about being in the US and applying for an I-485?

That's the form used for Adjustment of Status, which is what you would file if you had brought your husband to the US on a K-1 visa (fiance visa). It's illegal to come to the US on a tourist visa with the intent to file an AOS, and also you already have a CR-1/IR-1 visa in process. Disregard that form - you won't be needing it.

What you need to look into are the forms listed in the link I provided (DS-3032, DS-230, I-864) along with the necessary documents you'll have to send with them.

Edited March 23, 2013 by oohpartiv

[oohpartiv 484]

It looks like USCIS is under the impression that your husband is living in the US, not just visiting. They may have made a mistake with the NOA2 they sent you, so I would call USCIS on Monday morning and find out what the mix up is. Make sure you as for a Tier 2 rep, as they would be the only people that could help you figure out what's going on.

Edited March 23, 2013 by oohpartiv

[Darnell 8,478]

well, some progress, but no need to hop a plane back to Australia, just yet.

Next is NVC doc intake, so study the civil docs requirements on that...

when NVC is completed, an interview date is set.

If the tourist visa/VWP timing is ok, not need to actually leave till after the appointment date is set.

Study a calendar, study NVC steps, work out yer own flight plan.

Good Luck ! It's such a blessing when one can stay with one's spouse during this process.

[abarnes 0]

According to USCIS, it is quite allowable for him to be in the US and apply for permanent residency if I have an approved I-130. Green Card for an Immediate Relative of a U.S. Citizen

If I am reading this correctly, we apply for an I-485 and he has residency while the I-130 is processed. The only question that I have is if he would still have to go back to Australia for processing or if it is all done in the US. Am I reading this correctly?

[Darnell 8,478]

----

whoops, USCIS is confused for his location, really..

The petition indicates that the person for who you are petitioning is in the United States and will apply for adjustment of status. He or she should contact the locate USCIS office to obtain form I-485, Application for Permanent Residence. A copy of this notices should be submitted with the application,

so, you have a choice on which path to take.

1. rehome the petition to NVC for further processing, get a visa in Australia or

2. apply for Adjustment of Status NOW, he NOT leave USA until he has greencard in hand.

congratulations ! is always cool to have a choice !

[abarnes 0]

Choice is terrific!

It is not a problem with him staying in the US. Other than that, is there any downside to applying for the Adjustment of Status vs him going back to Australia and going the NVC route? As I see it, it is saving us some work of him going back and forth to Australia until things are approved.

[Darnell 8,478]

need some civil docs, police clearance report, from australia.

then there is time and money...

ya pay yer monies and ya waits yer time.

he can apply for EAD with the I-485 (fee is waived on EAD) so start working in USA maybe 3 months after filing the I-485 set.

Good Luck, and Go Get Em !

[Boggy1974 124]

Choice is terrific!

It is not a problem with him staying in the US. Other than that, is there any downside to applying for the Adjustment of Status vs him going back to Australia and going the NVC route? As I see it, it is saving us some work of him going back and forth to Australia until things are approved.

From the approved NOA2 you posted earlier, it's clear your husband can apply for Adjustment of Status (AOS) in the United States. USCIS even tells you the steps to follow to get this done.

It's terrific to have both choice presented to you. I would go RIGHT AHEAD and apply for AOS right now. Best of luck!