Approved I-130 Recieved says my beneficiary is in the US!!!!!

[paisita411 0]

Ok...this is what my I-130 says: The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status. He should contact the local INS office to obtain Form I-485.... If the beneficiary decides to apply for a visa outside the US based on this petition, the petitioner should file FORM I-824, Application for Action on an Approved Application or Petition, with this office to request that we send the petition to the Department of State National Visa Center.

I though they would forward this automatically to the NVC??? There is nothing in my cover letter nor I-130 application that indicates my spouse has EVER been inside the US. Is this just a typo??? I need everyones advice.

Also, why would we prefer to pay for a trip to Bogota for an interview on the I-130 (we're also approved for the K3) instead of just filing for a AOS? What is the advantage to doing this?

[aussiewench 9]

I noted in your timeline that your I-129F has been approved and I think this is why this is happening. Tony & Olgo reported same yesterday. See this thread http://www.visajourney.com/forums/index.php?showtopic=43959

What it is looking like at this early stage is that if anyone files the I-129F for the K-3 that the USCIS are going to automatically assume that once it is approved that AOS will be sought in the US from the K-3. That really sucks if this is a part of their new process that they implemented. Gone will be the days of hedging ones bets with the IR/CR-1 and K-3 if this proves to be the case. Its going to be one or the other unless you submit the I-824 and pay an additional $200 once the I-130 is approved.

[Yodrak 7]

OskaryAndrea,

How did you answer Q C.22 on your I-130? Read the question again, carefully. It appears that USCIS is taking it literally.

Yodrak

Ok...this is what my I-130 says: The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status. He should contact the local INS office to obtain Form I-485.... If the beneficiary decides to apply for a visa outside the US based on this petition, the petitioner should file FORM I-824, Application for Action on an Approved Application or Petition, with this office to request that we send the petition to the Department of State National Visa Center.

I though they would forward this automatically to the NVC??? There is nothing in my cover letter nor I-130 application that indicates my spouse has EVER been inside the US. ....

[paisita411 0]

Thanks for all the help from everyone. I couldn't do this think without you!!!

Both my I-130 and I-129 were approved on the same day 11/22/06

I left Q C.22 completely blank. I doesn't to apply to my case because my spouse in NOT in the US.

OskaryAndrea,

How did you answer Q C.22 on your I-130? Read the question again, carefully. It appears that USCIS is taking it literally.

Yodrak

Ok...this is what my I-130 says: The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status. He should contact the local INS office to obtain Form I-485.... If the beneficiary decides to apply for a visa outside the US based on this petition, the petitioner should file FORM I-824, Application for Action on an Approved Application or Petition, with this office to request that we send the petition to the Department of State National Visa Center.

I though they would forward this automatically to the NVC??? There is nothing in my cover letter nor I-130 application that indicates my spouse has EVER been inside the US. ....

[Yodrak 7]

OskaryAndrea,

In which case I agree with you - the USCIS is wrong to say "The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status." But my sense is that this is a poorly worded statement and does not accurately (literally) reflect the the idea behind it.

At the same time, how did you clearly indicate on your I-130 petition that your spouse wants to apply for an immigrant visa rather than apply for adjustment of status after entering the USA as a K3? The public announcement says that the USCIS will assume adjustment unless the petitioner clearly indicates otherwise.

Another good idea by the USCIS, and another poor implementation.

Yodrak

.....

I left Q C.22 completely blank. I doesn't to apply to my case because my spouse in NOT in the US.

OskaryAndrea,

How did you answer Q C.22 on your I-130? Read the question again, carefully. It appears that USCIS is taking it literally.

Yodrak

Ok...this is what my I-130 says: The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status. He should contact the local INS office to obtain Form I-485.... If the beneficiary decides to apply for a visa outside the US based on this petition, the petitioner should file FORM I-824, Application for Action on an Approved Application or Petition, with this office to request that we send the petition to the Department of State National Visa Center.

I though they would forward this automatically to the NVC??? There is nothing in my cover letter nor I-130 application that indicates my spouse has EVER been inside the US. ....

Edited November 29, 2006 by Yodrak

[Tony & Olga 0]

OskaryAndrea,

In which case I agree with you - the USCIS is wrong to say "The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status." But my sense is that this is a poorly worded statement and does not accurately (literally) reflect the the idea behind it.

At the same time, how did you clearly indicate on your I-130 petition that your spouse wants to apply for an immigrant visa rather than apply for adjustment of status after entering the USA as a K3? The public announcement says that the USCIS will assume adjustment unless the petitioner clearly indicates otherwise.

Another good idea by the USCIS, and another poor implementation.

Yodrak

.....

I left Q C.22 completely blank. I doesn't to apply to my case because my spouse in NOT in the US.

OskaryAndrea,

How did you answer Q C.22 on your I-130? Read the question again, carefully. It appears that USCIS is taking it literally.

Yodrak

Ok...this is what my I-130 says: The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status. He should contact the local INS office to obtain Form I-485.... If the beneficiary decides to apply for a visa outside the US based on this petition, the petitioner should file FORM I-824, Application for Action on an Approved Application or Petition, with this office to request that we send the petition to the Department of State National Visa Center.

I though they would forward this automatically to the NVC??? There is nothing in my cover letter nor I-130 application that indicates my spouse has EVER been inside the US. ....

Andrea & Oscar,

This is exactly the same thing that happened to me also! But I clearly marked mine with the X for not being in the US and would be using Bogota for my issueing of the VISA!

I called them on this and they said I did not have to submit this I 824 or the $200.00, if I sent them a cover letter explaining that my I 130 was mis-read and to include the copy of my I 130 and Approcal notice. They said this would allow them to release the I 130 and forward it on to NVC. But I am not going to worry with the I 130 now because the I 129F will be faster and less expensive in the short run!

Best of luck!

Tony

[nepats 0]

Seems like Q. 22C is a bit poorly worded/formatted. I just read the part:

"Complete the section below if your relative is in US and will apply for adjustment of status.

Your relative is in the United States and will apply for adjustment of status to that of a lawful permanent resident at USCIS office in:..."

Didn't realize there was a follow-up

"If your relative is not eligible for adjustment of status, he or she will apply for a visa abroad at the American consular post in .."

So I left them both blank

What would happen now?

My wife got K3 and should be coming over sometime in January. We would actually prefer for her to do AOS here rather than having to fly back for this #######. Her I130 is still stuck in VSC which seems to have slowed down to a crawl.

Thoughts... ?

Thx

[nyseness 0]

Seems like Q. 22C is a bit poorly worded/formatted. I just read the part:

"Complete the section below if your relative is in US and will apply for adjustment of status.

Your relative is in the United States and will apply for adjustment of status to that of a lawful permanent resident at USCIS office in:..."

Didn't realize there was a follow-up

"If your relative is not eligible for adjustment of status, he or she will apply for a visa abroad at the American consular post in .."

So I left them both blank

What would happen now?

My wife got K3 and should be coming over sometime in January. We would actually prefer for her to do AOS here rather than having to fly back for this #######. Her I130 is still stuck in VSC which seems to have slowed down to a crawl.

Thoughts... ?

Thx

I would say if you're going to do the AOS then nothing has to be done at this point. I think it's more geared toward couples petitioning for both the CR-1 & K3. Well I know this whole question is giving me a headache. No definite answer but Tony & Olga makes the most sense to me right now. I guess by leaving blank they will hold it but by answering you stand a chance w/it being transferred to the NVC eventually. Someone please tell me if I am alone in this. I want to send my petition off but I am so confused on this one question.....

Edited November 29, 2006 by nyseness

[Tony & Olga 0]

Nepats,

I am not sure of the correct way to answer this question. I have read and re-read the question and I still think the way I answered it on my I 130 would be the correct way. I wrote NA in the first part and then Bogota for VISA issuance. But I am neither an attorney, nor an expert at this. But I have read my share of legal documents and usually interpret them correctly. If you read the leading statement at the beginning of question #22 and apply reasonable logic to this, then you would skip on to the next question. But I tend to read everyhing and sometimes, read more into things then maybe I should!

Maybe someone here can better address this question!

Seems like Q. 22C is a bit poorly worded/formatted. I just read the part:

"Complete the section below if your relative is in US and will apply for adjustment of status.

Your relative is in the United States and will apply for adjustment of status to that of a lawful permanent resident at USCIS office in:..."

Didn't realize there was a follow-up

"If your relative is not eligible for adjustment of status, he or she will apply for a visa abroad at the American consular post in .."

So I left them both blank

What would happen now?

My wife got K3 and should be coming over sometime in January. We would actually prefer for her to do AOS here rather than having to fly back for this #######. Her I130 is still stuck in VSC which seems to have slowed down to a crawl.

Thoughts... ?

Thx

[Yodrak 7]

nepats,

What's going to happen now is just what you want to happen - the USCIS will hold on to the I-130 after approving it and so will have it readily available when your spouse applies to adjust status.

My wifes adjustment was delayed after her interview in part because my approved I-130 was with the DoS at the time, and her adjustment application could not be approved until it was returned to CIS.

Yodrak

Seems like Q. 22C is a bit poorly worded/formatted. I just read the part:

"Complete the section below if your relative is in US and will apply for adjustment of status.

Your relative is in the United States and will apply for adjustment of status to that of a lawful permanent resident at USCIS office in:..."

Didn't realize there was a follow-up

"If your relative is not eligible for adjustment of status, he or she will apply for a visa abroad at the American consular post in .."

So I left them both blank

What would happen now?

My wife got K3 and should be coming over sometime in January. We would actually prefer for her to do AOS here rather than having to fly back for this #######. Her I130 is still stuck in VSC which seems to have slowed down to a crawl.

Thoughts... ?

Thx

[aussiewench 9]

Seems like Q. 22C is a bit poorly worded/formatted. I just read the part:

"Complete the section below if your relative is in US and will apply for adjustment of status.

Your relative is in the United States and will apply for adjustment of status to that of a lawful permanent resident at USCIS office in:..."

Didn't realize there was a follow-up

"If your relative is not eligible for adjustment of status, he or she will apply for a visa abroad at the American consular post in .."

So I left them both blank

What would happen now?

My wife got K3 and should be coming over sometime in January. We would actually prefer for her to do AOS here rather than having to fly back for this #######. Her I130 is still stuck in VSC which seems to have slowed down to a crawl.

Thoughts... ?

Thx

I would say if you're going to do the AOS then nothing has to be done at this point. I think it's more geared toward couples petitioning for both the CR-1 & K3. Well I know this whole question is giving me a headache. No definite answer but Tony & Olga makes the most sense to me right now. I guess by leaving blank they will hold it but by answering you stand a chance w/it being transferred to the NVC eventually. Someone please tell me if I am alone in this. I want to send my petition off but I am so confused on this one question.....

It seems from early cases that regardless whether this question is answered or not, they are retaining the I-130 if there is an I-129F approved. As has been said in this and other threads, Q22 does not clearly indicate that one wishes to apply for a visa at a consulate abroad. I'm not sure what the correct thing to do is as there is nowhere on the form to clearly indicate.

[riblet 0]

That's exactly what my first impression was. Sigh.

It seems from early cases that regardless whether this question is answered or not, they are retaining the I-130 if there is an I-129F approved. As has been said in this and other threads, Q22 does not clearly indicate that one wishes to apply for a visa at a consulate abroad. I'm not sure what the correct thing to do is as there is nowhere on the form to clearly indicate.

Edited November 29, 2006 by riblet

[CutienPurg 0]

Not sure if our experience weighs in here or not....

I answered "n/a" on Q 22 of the I-130. I did not clearly indicate that we would prefer to apply for a visa at a consulate abroad. At the time I think I was assuming the k-3 would be much faster and we would do AOS here. Anyway, our I-129F was approved on Oct 3 and our I-130 was approved on either Nov 14 or 16, depending on which NOA2 you're looking at ( we received 2). Both of the notices state that they will be forwarding the petition to the NVC. However, when I called the NVC yesterday, the automated system had no record of our petiton. It may still be too early.

......the purpose of my mentioning this is so maybe we can find a cut-off point in which they began to implement this new policy.

[aussiewench 9]

......the purpose of my mentioning this is so maybe we can find a cut-off point in which they began to implement this new policy.

The implementation date according to the press release was October 23, 2006. There was also a couple of early posts by members around that time that had received a notifiation that they needed to submit the I-824 and $200 fee in order for the approved I-130 to be forwarded to the NVC. At the time the posts seemed very out of place as no-one at the time knew of the new process until the press release.

[CutienPurg 0]

Well it appears, as per the norm in the process , nothing is following any sort of calculable or logical pattern.

The press releases, consulates, uscis agents etc etc say one thing yet something else takes place.

<sigh>