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dphyled

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Filed: IR-1/CR-1 Visa Country: Japan
Timeline

My wife's I-130 was approved at CSC last March, however they didn't forward it to NVC because they thought that she was still in the country (for one question on the I-130, "Is the beneficiary currently in the country", we put yes because she was here for our wedding, however we also put the date that she was going back to Japan to wait for immigration)...

They said that we should apply for Adjustment of Status, or fill out an I-824 for further processing if we were going to apply from outside the country. However, i read that the I-824 could take a really long time (like, more than an extra half year), so I knew i didn't want to do that, and we were never qualified to just do AOS (which is why we got into the whole CR-1 path in the first place).. After going through a bunch of phone calls and letters and stuff, each time it seemed like they were going to fix the misunderstanding and forward the case to NVC (according to workers on the hotline, and supervisors at USCIS), but it never did. After signing up for an InfoPass meeting, the lady there confirmed that it was a mistake on the part of USCIS and our case should have been forwarded to NVC as soon as it was approved (we indicated on the I-130 that we were going to be processing in Japan).. But all she could suggest was to write another letter.. Still nothing. Finally, i wrote to my Congressman, and after waiting a long time, I finally got a response from him, saying that the response he received from USCIS was that we should apply for Adjustment of Status... I have since written a letter back, explaining (again, i had already explained it in much more detail than i have done here), that they had originally said we should do AOS, but also that we were unqualified for AOS, according to what USCIS told me before my wife and i even got married... I asked him if I should just have my wife come back to the US and we should file for Adjustment of Status the way USCIS keeps saying, even though USCIS originally kept telling me that we would get in trouble for immigration fraud if she came into the country and tried to do that.

So now I'm waiting to hear back from him again. Any suggestions as to what i should do?? I would love if i could just tell my wife to come back, and that we don't have to be separated anymore... that we can just do AOS instead. But USCIS had originally told me that she couldn't enter the country to do AOS and try to stay. We've already wasted like 6 months trying to figure this out and get the case forwarded to NVC... I don't want to waste any more time. If we had just filed the I-824 in march, it might almost be done now, but i didn't because the USCIS people on the phone kept being so "understanding" and saying that it would be fixed/forwarded to NVC... grrr.

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Filed: IR-1/CR-1 Visa Country: Japan
Timeline
My wife's I-130 was approved at CSC last March, however they didn't forward it to NVC because they thought that she was still in the country (for one question on the I-130, "Is the beneficiary currently in the country", we put yes because she was here for our wedding, however we also put the date that she was going back to Japan to wait for immigration)...

They said that we should apply for Adjustment of Status, or fill out an I-824 for further processing if we were going to apply from outside the country. However, i read that the I-824 could take a really long time (like, more than an extra half year), so I knew i didn't want to do that, and we were never qualified to just do AOS (which is why we got into the whole CR-1 path in the first place).. After going through a bunch of phone calls and letters and stuff, each time it seemed like they were going to fix the misunderstanding and forward the case to NVC (according to workers on the hotline, and supervisors at USCIS), but it never did. After signing up for an InfoPass meeting, the lady there confirmed that it was a mistake on the part of USCIS and our case should have been forwarded to NVC as soon as it was approved (we indicated on the I-130 that we were going to be processing in Japan).. But all she could suggest was to write another letter.. Still nothing. Finally, i wrote to my Congressman, and after waiting a long time, I finally got a response from him, saying that the response he received from USCIS was that we should apply for Adjustment of Status... I have since written a letter back, explaining (again, i had already explained it in much more detail than i have done here), that they had originally said we should do AOS, but also that we were unqualified for AOS, according to what USCIS told me before my wife and i even got married... I asked him if I should just have my wife come back to the US and we should file for Adjustment of Status the way USCIS keeps saying, even though USCIS originally kept telling me that we would get in trouble for immigration fraud if she came into the country and tried to do that.

So now I'm waiting to hear back from him again. Any suggestions as to what i should do?? I would love if i could just tell my wife to come back, and that we don't have to be separated anymore... that we can just do AOS instead. But USCIS had originally told me that she couldn't enter the country to do AOS and try to stay. We've already wasted like 6 months trying to figure this out and get the case forwarded to NVC... I don't want to waste any more time. If we had just filed the I-824 in march, it might almost be done now, but i didn't because the USCIS people on the phone kept being so "understanding" and saying that it would be fixed/forwarded to NVC... grrr.

Thank you so much to people that sent private messages! It is very much appreciated.

Also, just bumping this in case anyone else that didn't see it yesterday might have other ideas suggestions.

Thank you again! And good luck to all.

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