Need help with letter clarification

[Ritchie91 0]

Hi I finally got approval for my CR1 Petition after 11 months with a notice of Action. My wife has been granted an A number now. On the letter it says that I would have to file form I-485 if my wife is within the states and apply for adjustment of status. The other option is if my wife is outside of the states I would have to file form I-824 to request that the petition be sent to the NVC since the case would need consular action.

I just want some clarifications that I understood the letter correctly and what I have to do now is file the form I-824 and simply ignore I-485 since my wife is living with me in China at the moment waiting for her green card. Thank you.

[Ryan H 3,812]

This appears to be an error on the part of USCIS. They think your wife is already in the US and would need to apply for AOS which is not the case. Since it's their error, you should contact them and have them properly route the case without you needing to file an I-824.

[Ritchie91 0]

So I can call and have them reroute the case to a consulate in china without having to file i824?

[NikLR 13,227]

So I can call and have them reroute the case to a consulate in china without having to file i824?

Yes.. Call and speak to a tier 2 on Tuesday.

[Ryan H 3,812]

So I can call and have them reroute the case to a consulate in china without having to file i824?

They won't route to the Consulate, they will route it to the NVC.

Yes.. Call and speak to a tier 2 on Tuesday.

Edited February 17, 2014 by Ryan H

[NikLR 13,227]

Ah good job Ryan in picking up the wordage I missed there. Occasionally I read too fast for my own good (and the good of others!)

[Darnell 8,478]

ya - a Tier 2 , ISO, can get you some traction.

The adjudicator prolly got confused with q22 of the I-130.

When I read my approval notice, I touched base with an ISO, as it was the same as yours.

I think it was the ILS human that got me the right traction, though.

study my data points in my profile (click my name or the girls, study)

[pushbrk 12,824]

ya - a Tier 2 , ISO, can get you some traction.

The adjudicator prolly got confused with q22 of the I-130.

When I read my approval notice, I touched base with an ISO, as it was the same as yours.

I think it was the ILS human that got me the right traction, though.

study my data points in my profile (click my name or the girls, study)

Or, the OP is taking the boilerplate notice out of context.

[Darnell 8,478]

uh, no.

there are 2 sets of boilerplate, it's the first paragraph that's meaningful.

Trust Me.

[pushbrk 12,824]

I know.there are two sets of boilerplate but neither has been quoted sufficiently to garner context with full confidence.

[Ritchie91 0]

I have attached the letter to my post. I am currently living in China with my wife but my mailing address on file is in the States going to my relative's house.

Scanned Letter I-797.PDF

Edited February 18, 2014 by Ritchie91

[Ketsuban 1,034]

ya - a Tier 2 , ISO, can get you some traction.

The adjudicator prolly got confused with q22 of the I-130.

When I read my approval notice, I touched base with an ISO, as it was the same as yours.

I think it was the ILS human that got me the right traction, though.

study my data points in my profile (click my name or the girls, study)

That's quite interesting, about question 22. I had my husband write that I'd be going to the London consulate in there, even though I wasn't in the states at the time. The earlier question asking for the I-94 # was N/A'd too. I wonder if our adjudicator will also think I'm over there

[pushbrk 12,824]

Yes, that's the wrong boilerplate for your situation. I would make the call and determine where the petition was actually sent. If you answered the questions correctly on the i-130, I would expect it to go to NVC, even if the worker checked the wrong box when generating the notice.

[Darnell 8,478]

I have attached the letter to my post. I am currently living in China with my wife but my mailing address on file is in the States going to my relative's house.

Thanks for posting that.

For anyone else reading this -

it's the first paragraph that's meaningful.

Apologies, this casefile is about to go to the National Records Center for storage until the I-485 is filed,

so

you should 'get on' this today, todayish based on the approval date - usually it takes time to create the A-File, so is possible (barely) that this casefile is still with the office that adjudicated it, and can be easily rehomed to NVC instead of NRC.

[Darnell 8,478]

That's quite interesting, about question 22. I had my husband write that I'd be going to the London consulate in there, even though I wasn't in the states at the time. The earlier question asking for the I-94 # was N/A'd too. I wonder if our adjudicator will also think I'm over there

ya, sorry, you use 'there' twice in different meanings, so I dunno what you are trying to say.

'Being in the states' ain't the visa track on an approved i-130, I hope that is self-evident.

Q22 has a left side and a right side, both are meaningful.

Don't forget - the I-130 is a multi-purpose form.