Question about mother's I-130/USCIS jurisdiction

[topcatdc 0]

Hello Everyone!

I'm a USC, filed I-130 for my mother who lives in Bangladesh. The application was received and approved by USCIS in May 2010.I have two questions for you guys and any insight will be appreciated:

1. After the approval notice that I received in May 2010, I haven't heard back from them. Correct me if I'm wrong but isn't there a 90 day window for them to contact the petitioner regarding the next step? I thought I read something like that, but can't remember where.

2. I live in Maryland. One of my friends applied for his brother and his application number had an EAC because of his state of residency (MD). But my mothers application number starts with WAC which I believe is the CA service center (and therefore the backlogging issue and longer waiting period!). I could swear I sent it to the correct lockbox. What could've happened, any idea?

Thanks for your support. VJ is a lifesaver!

[Darnell 8,478]

after the approval at USCIS,

the casefile is transferred to NVC.

NVC is awaiting a telephone call from you, the petitioner.

Rarely does NVC 'send you anything' - it, instead, is waiting on you to call.

You'll need some forms and documents - see

DS-230 - http://travel.state.gov/visa/immigrants/info/info_3190.html

I-864 - http://travel.state.gov/visa/immigrants/info/info_3730.html

General NVC stuff - http://travel.state.gov/visa/immigrants/info/info_1335.html

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then if you want to use the online payment portal - here's some howto for actually slinging stuff into NVC based on payment portal status - http://www.visajourney.com/forums/topic/221785-ds-3032-slowdown/page__view__findpost__p__3560467

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For now, I suggest you call NVC, enter the receipt # into the AVR, and see if NVC has the casefile.

If they do, is some record on the AVR, you'll learn (write this down) the Embassy Casefile # -

so if you have Embassy Casefile # from the AVR -

call NVC back, get a human, kickstart the processing with a phone call.

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re: jurisdiction - you have approval notice in hand, formletter I-797-C - so it's waaaaaaaaaaay too late to worry about jurisdictional area. You sent off the petition to the lockbox in Chicago - they have instructions on where to send it - based on LOAD at each service center.

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Good Luck !

Edited September 27, 2010 by Darnell

[topcatdc 0]

Thank you so much for your reply. It clears up a lot of things. I actually called NVC yesterday and they said they don't have my file yet. So i kinda felt like a pingpong ball between USCIS and NVC. I dont' have access to the original approval letter they sent to me, because I'm travelling right now. They asked me to callback with the notice date on the notice. Will do that.

On a different note, do you know if USCIS will mail a duplicate copy if I missed a notice?

[Darnell 8,478]

for the most part, you don't need the 'approval notice'

but

you need the USCIS receipt # - starting with either EAC or WAC.

You probably have that stored somewhere online, maybe you forget about it?

THAT'S THE # NVC NEEDS, to tell you stuff, go forth with NVC PROCESSING.

May2010? Approval Date on the I-130?

Somethings wonky, here in September.

Are you a 'recent USCitizen' ? if so, maybe the casefile went to storage, if you didn't 'update yer USCitizen status with USCIS'.

Edited September 29, 2010 by Darnell

[topcatdc 0]

Thanks again Darnell. Yes, I'm a new USC indeed. I've been reading on VJ that a lot of people who filed in May are in a backlog. I called USCIS several times and they told me to wait another 39 day (!).

I didn't get "update your USCitizen status with USCIS" part (by the way, i read it three times! lol). Isn't it USCIS who awards the citizenship? They should have on file that I'm naturalized now! How do I go about updating it? I'm so confused. Thanks a lot for telling me.

[Darnell 8,478]

USCIS has different priorities for I-130 petitions, based on the

1. citizenship status of the petitioner and

2. relationship type of the beneficiary

so

if you became a USCitizen whilst the I-130 was at USCIS

then

you filed the I-130 as a LPR, not as a USC .

LPRs have 'less priority' than USCs

So, if it's indeed the case, that you've had a 'change of status' during the I-130 processing on yer Mum

you should call USCIS and let them know that YOU are a Citizen.

Call a Tier 2 Human, they will tell you what they need to show them that yer a USCitizen. see http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#5

Once you've gotten yer Citizenship status sent over, the casefile priority will change, you'll get out of USCIS and/or storage, casefile go to NVC.

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last bit -

'filing in May' is never the same as 'approved in May'. Please tell us the exact date of yer approval notice?

IMO, it's specious and silly to try to compare the two things, together, for the Month of May. What's what, with this casefile?

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Good Luck !

Edited October 2, 2010 by Darnell

[RICARDO4EVA2 194]

Hello Everyone!

I'm a USC, filed I-130 for my mother who lives in Bangladesh. The application was received and approved by USCIS in May 2010.

This is crazy. My cases were approved in JUNE 2010 and were transferred to the NVC the case were completed as of 9/13... i'd call USCIS and ask for someone other than those front like agents... they are too mucch into that script and seem so cold.

Edited October 2, 2010 by RICARDO4EVA2

[Darnell 8,478]

Ricardo -

I can't stress this enough .

Trust me - your life, anyone else's life -

depends on this -

CALL USCIS, get a Tier 2 Human.