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Filed: AOS (pnd) Country: Brazil
Timeline
Posted

Before we start this process, me and my husband agreed that the best to do would be to hire a lawyer to handle the case since we didn`t know anything about immigration, and he didn`t want to deal with the whole process. It was a bad sign when we could only make the lawyer send the I-130when we went to the office in person after several calls trying to talk to him. Now, we got our NOA2. But the problem is for some reason USCIS thin I'm still in the US and applying for an AOS, when I'm in Brazil and stated on the I-130 that I was not eligible for AOS and that I would be applying for the visa on the Rio consulate. Here is the message written on the NOA2.

"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 or she should contact the local USCIS office to obtain Form I-485, Application for Permanent Residence. A copy of this notice should be submitted with the application.

If the person for whom you are petitioning decides to apply for a visa outside the United States 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 (NVC)."

So first of all, since we got the NOA hardcopy, on november 9, my husband has been trying to talk to the lawyer, he is never at the office, the secretary says he is going to call back but he never does, so we are considering to dismiss him, since he is of no help at all. I would like to hear some advice on how to do it, if anyone has ever gone through something like that. We are still in USCIS and it seems we will have to send the I-824 and pay the fee to make them forward the case to the NVC. But with the I-130 we included the G-28 (Notice of Entry of Appearance as Attorney or Representative). Do we just call USCIS and tell them that we are no longer using the lawyer services? Is there any way of making them realize it was their mistake and not having to send the form I-824?

Thanks for the help, sorry for the long story.

CR1

04-22-2009: I-130 Delivered

04-27-2009: I-130 NOA1

11-03-2009: I-130 Approved

11-09-2009: NOA2 hard copy received in mail

NVC never received our case

07-20-2010: INFOPASS = Immigration officer tell us to file for AOS instead

AOS - from B2 visa

09-21-2010: I-485, I-765 and I-131 Delivered

09-27-2010: NOA1

10-27-2010: Biometrics

11-23-2010: I-131 approved

11-26-2010: I-765 approved

01-25-2011: Interview

Filed: Citizen (apr) Country: Canada
Timeline
Posted

We dismissed our lawyer after our NOA-2. We simply called her, thanked her for her services but informed her that she was no longer needed on our case.

Be professional and courteous.

I'm confused about your case, are you still in the US? You don't need the I-864 until after your case is at NVC. Why do they think you are still in the US (according to your timeline)?

When your case gets to NVC call them and inform them that you are no longer using a lawyer and complete the choice of agen form as soon as you can

Good luck.

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: AOS (pnd) Country: Brazil
Timeline
Posted

I was asking about anything that has to be towards the USCIS, since they sent us a courtesy notice, and the official one was sent to the lawyer. When you have a lawyer and you process goes from USCIS to NVC, they don't ask us to send the DS-3032 cause they assume the lawyer is the agent, so I'm wondering about anything that has to be done to avoid problems with that.

And I was talking about the I-824 (Application for Action on an Approved Application or Petition), not the I-864 (Affidavit of Support). I'm still on the USCIS stage, the case got approved, but we need to send that form and pay the $340 fee for have it forwarded to the NVC.

If you go on my signature, you can see that we sent the I-130 in april and I left the US in june, so yeah I have no idea why they think I'm still there.

CR1

04-22-2009: I-130 Delivered

04-27-2009: I-130 NOA1

11-03-2009: I-130 Approved

11-09-2009: NOA2 hard copy received in mail

NVC never received our case

07-20-2010: INFOPASS = Immigration officer tell us to file for AOS instead

AOS - from B2 visa

09-21-2010: I-485, I-765 and I-131 Delivered

09-27-2010: NOA1

10-27-2010: Biometrics

11-23-2010: I-131 approved

11-26-2010: I-765 approved

01-25-2011: Interview

Filed: IR-1/CR-1 Visa Country: Brazil
Timeline
Posted
Before we start this process, me and my husband agreed that the best to do would be to hire a lawyer to handle the case since we didn`t know anything about immigration, and he didn`t want to deal with the whole process. It was a bad sign when we could only make the lawyer send the I-130when we went to the office in person after several calls trying to talk to him. Now, we got our NOA2. But the problem is for some reason USCIS thin I'm still in the US and applying for an AOS, when I'm in Brazil and stated on the I-130 that I was not eligible for AOS and that I would be applying for the visa on the Rio consulate. Here is the message written on the NOA2.

"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 or she should contact the local USCIS office to obtain Form I-485, Application for Permanent Residence. A copy of this notice should be submitted with the application.

If the person for whom you are petitioning decides to apply for a visa outside the United States 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 (NVC)."

So first of all, since we got the NOA hardcopy, on november 9, my husband has been trying to talk to the lawyer, he is never at the office, the secretary says he is going to call back but he never does, so we are considering to dismiss him, since he is of no help at all. I would like to hear some advice on how to do it, if anyone has ever gone through something like that. We are still in USCIS and it seems we will have to send the I-824 and pay the fee to make them forward the case to the NVC. But with the I-130 we included the G-28 (Notice of Entry of Appearance as Attorney or Representative). Do we just call USCIS and tell them that we are no longer using the lawyer services? Is there any way of making them realize it was their mistake and not having to send the form I-824?

Thanks for the help, sorry for the long story.

Hi Fe M...

Eu to aqui no Brasil tmb, e vim de uma situacao muito parecida com a sua. Se voce quiser me add no msn poderiamos conversar melhor!

Fique com Deus ...

K1 timeline

09/22/2006 - I-129F sent

02/14/2007 - Interview in Rio de Janeiro - VISA APROVED!

03/03/2007 - Flight out to States

12/21/2007 - Wedding!

AOS timeline

02/27/2008 - l-485 sent

04/29/2008 - AOS Biometric

05/01/2008 - I-94 Expired

07/22/2008 - AOS denied

10/28/2008 - In removal proceeding

01/14/2009 - Flew back to Brazil ;(

02/10/2009 - Hubby flew to Brazil ;)

IR1 timeline

09/23/2008 - I-130 sent

11/06/2009 - Interview in Rio de Janeiro - CO need an Advisory Opinion (sent an email to DHS with my I-94 and court order)

12/02/2010 - Hubby went back to the U.S.A ;(

Filed: Citizen (apr) Country: Canada
Timeline
Posted

I understand the process when using a lawyer, as I said - when your petition makes it to NVC you will call them and remove the lawyer from the case then send in the choice of agent (since this will be needed after the lawyer is removed) as soon as you can.

I have no idea why you have to pay to have them send the case to NVC as that is not typical, nor is form I-824. Have you infomred USCIS that you are out of the country? Have you called them to inform USCIS that there is no longer a lawyer on the case?

Good luck.

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: AOS (pnd) Country: Brazil
Timeline
Posted

Yeah, we did call the USCIS, but the operator just repeated what it was written in the NOA2, which is that we have to send them the I-824.

CR1

04-22-2009: I-130 Delivered

04-27-2009: I-130 NOA1

11-03-2009: I-130 Approved

11-09-2009: NOA2 hard copy received in mail

NVC never received our case

07-20-2010: INFOPASS = Immigration officer tell us to file for AOS instead

AOS - from B2 visa

09-21-2010: I-485, I-765 and I-131 Delivered

09-27-2010: NOA1

10-27-2010: Biometrics

11-23-2010: I-131 approved

11-26-2010: I-765 approved

01-25-2011: Interview

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
Yeah, we did call the USCIS, but the operator just repeated what it was written in the NOA2, which is that we have to send them the I-824.

Same happened with my daughter's petition. I called the California center and told them my daughter was abroad and the case was to be sent to NVC. It was USCIS's error. In any case it took them 3 months to forward it to NVC and I have called multiple times and sent numerous e-mails.

Here's how you can get to the operator to explain the issue:

1. Call the 1-800 number for USCIS

2. Follow the path for case status

3. Once the system tells you your status wait for more prompts and answer that the system didn't have any info on your case. This is of course not true but will get you to the right agent.

4. They will most likely forward you to a supervisor.

Always right down the date, time, name and number of the rep you're talking to. Also ask them for a service request number.

You can also try to follow instructions here:

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

And make sure that the address on the I-130 was abroad and that the answer to question 22 didn't indicate a local immigration office.

Filed: AOS (pnd) Country: Brazil
Timeline
Posted
Same happened with my daughter's petition. I called the California center and told them my daughter was abroad and the case was to be sent to NVC. It was USCIS's error. In any case it took them 3 months to forward it to NVC and I have called multiple times and sent numerous e-mails.

And you didn't have to send the I-824 to the USCIS? Cause the approval time for it on CSC is around 3 months, so I'd rather not pay the fee and do it by phone calls and infopasses if it's going to take around the same time for them to fix it. Anyone else has any experience on this?

CR1

04-22-2009: I-130 Delivered

04-27-2009: I-130 NOA1

11-03-2009: I-130 Approved

11-09-2009: NOA2 hard copy received in mail

NVC never received our case

07-20-2010: INFOPASS = Immigration officer tell us to file for AOS instead

AOS - from B2 visa

09-21-2010: I-485, I-765 and I-131 Delivered

09-27-2010: NOA1

10-27-2010: Biometrics

11-23-2010: I-131 approved

11-26-2010: I-765 approved

01-25-2011: Interview

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
Same happened with my daughter's petition. I called the California center and told them my daughter was abroad and the case was to be sent to NVC. It was USCIS's error. In any case it took them 3 months to forward it to NVC and I have called multiple times and sent numerous e-mails.

And you didn't have to send the I-824 to the USCIS? Cause the approval time for it on CSC is around 3 months, so I'd rather not pay the fee and do it by phone calls and infopasses if it's going to take around the same time for them to fix it. Anyone else has any experience on this?

Initially USCIS told me I need to submit I-824 but I didn't want to do it because it was their mistake. Why pay $300 something to have them do what they should have done originally. Just be persistent and follow my advice. However it would be good to see how your I-130 was filled out by the lawyer. If the lawyer specified your US address and a local immigration office, then USCIS did whatever it had been instructed to do. So if that's the case you may not be able to get away without an I-824.

Filed: Citizen (apr) Country: Canada
Timeline
Posted

^^ Excellent advice. Fe M do you have a copy of the I-130 submitted by your lawyer? If it was your lawyer's mistake then I think you're stuck with paying the $300. If it was USCIS's mistake then you can take jucstcheckin's advice

Good luck.

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: Citizen (pnd) Country: Honduras
Timeline
Posted

I'm actually in the same boat. Figured we'd hire an expensive and well-recommended lawyer. Turns out she made numerous mistakes on the NVC side. The form (is it DS230) had errors and she didn't notice that the birth and marriage cert were the wrong type. It's in NVC right now and I'm thinking whether or not I should just ditch her.

Filed: AOS (pnd) Country: Brazil
Timeline
Posted

The I-130 does has a us address as my current address (since I was there when it was submitted) as it has the number of my I-94 (on a B2 visa) and the expiration date (some point back in september 2009). But it also provided my foreign address and it states that I'm not eligible for adjustment of status, and it lists the consulate which I would be doing the interview abroad. so I see it as an USCIS mistake, not the lawyer.

Hubby finally got to talk to the lawyer, he said it is not what should have happened, he is going to take a look at the case, of course he hadn't take a look yet.

We are waiting...

CR1

04-22-2009: I-130 Delivered

04-27-2009: I-130 NOA1

11-03-2009: I-130 Approved

11-09-2009: NOA2 hard copy received in mail

NVC never received our case

07-20-2010: INFOPASS = Immigration officer tell us to file for AOS instead

AOS - from B2 visa

09-21-2010: I-485, I-765 and I-131 Delivered

09-27-2010: NOA1

10-27-2010: Biometrics

11-23-2010: I-131 approved

11-26-2010: I-765 approved

01-25-2011: Interview

Filed: AOS (pnd) Country: Brazil
Timeline
Posted
I'm actually in the same boat. Figured we'd hire an expensive and well-recommended lawyer. Turns out she made numerous mistakes on the NVC side. The form (is it DS230) had errors and she didn't notice that the birth and marriage cert were the wrong type. It's in NVC right now and I'm thinking whether or not I should just ditch her.

Yeah, that's what we were thinking back when we started the process. We didn't know anything about immigration (btw who told us that we had to fill the I-130 was the immigration officer at the POE last time I went to the US married and on the B2 visa, he was very nice), so we just thought it would be easier and painless to hire a lawyer. It was expensive and useless. Now that I know this website I feel I could have done everything by myself, but my husband still doesn't want to deal with the paperwork. But we might just get rid of him at NVC stage which we still have to go through.

CR1

04-22-2009: I-130 Delivered

04-27-2009: I-130 NOA1

11-03-2009: I-130 Approved

11-09-2009: NOA2 hard copy received in mail

NVC never received our case

07-20-2010: INFOPASS = Immigration officer tell us to file for AOS instead

AOS - from B2 visa

09-21-2010: I-485, I-765 and I-131 Delivered

09-27-2010: NOA1

10-27-2010: Biometrics

11-23-2010: I-131 approved

11-26-2010: I-765 approved

01-25-2011: Interview

Filed: IR-1/CR-1 Visa Country: Colombia
Timeline
Posted
I'm actually in the same boat. Figured we'd hire an expensive and well-recommended lawyer. Turns out she made numerous mistakes on the NVC side. The form (is it DS230) had errors and she didn't notice that the birth and marriage cert were the wrong type. It's in NVC right now and I'm thinking whether or not I should just ditch her.

Yeah, that's what we were thinking back when we started the process. We didn't know anything about immigration (btw who told us that we had to fill the I-130 was the immigration officer at the POE last time I went to the US married and on the B2 visa, he was very nice), so we just thought it would be easier and painless to hire a lawyer. It was expensive and useless. Now that I know this website I feel I could have done everything by myself, but my husband still doesn't want to deal with the paperwork. But we might just get rid of him at NVC stage which we still have to go through.

I don't know if it is too late, but you might want to send a letter with a "beneficiary change of address" to USCIS. If you want to get rid of your lawyer also do a

"withdrawal of G-28", that also has to go to USCIS or NVC if you are in that stage.

My husband did a "change of address" for me because I too lived in the USA and moved back to Colombia. They changed it no problem.

We also started with a lawyer and got rid of her, they are useless when it comes to I-130's.

We did a "withdraw of G-28" back in the USCIS stage but unfortunately they (USCIS) never applied it, so we sent NVC 2 different emails, a letter via regular mail, and choice of agent, we are still waiting for them to remove the lawyer.

Good luck, AND FOR THOSE THINKING OF USING AN ATTORNEY FOR AN I-130, DON'T DO IT!! IF YOU HAVE ONE GET RID OF THEM!! My attorney cost us 5 months because she never sent in my husbands citizenship upgrade.

Also this forum is GOLDEN, here you will find many people willing to help you with any questions or concerns you may have.

07-22-2008 I-130 LPR

07-25-2008 NOA1

02-18-2009 Became Citizen

06-26-2009 Upgraded over the phone

06-28-2009 Was E-mailed confirmation of conversation with National Customer Service Center

08-05-2009 InfoPass Appointment

10-13-2009 I-130 Approved, received Approval via email

10-19-2009 NOA2 I-130 Approved (Hard Copy)

10-28-2009 NVC Received and assigned case #

11-04-2009 Received DS-3032/I-864 Bill

11-04-2009 Received IV Bill

11-06-2009 Paid I-864 Bill

11-06-2009 Paid IV Bill

11-11-2009 Returned Completed DS-3032

11-11-2009 Returned Completed I-864

11-27-2009 Case Completed at NVC

01-14-2010 Interview Date

01-14-2010 Placed on Administrative Processing

01-26-2010 Received phone call & Email to make new appointment at Embassy

02-01-2010 New Interview at Embassy

xx-xx-xxxx: Visa Received

xx-xx-xxxx: US POE

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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