NOA2 wrongly says beneficiary is in US!

[goonergirl 2]

I was so excited to get approval in less than 4 months, but now USCIS has gone and made a mistake to set us back!

On the NOA2 it seems to think that my husband (the beneficiary) is in the US and will adjust status (and no we didn't submit a I-129F or petitions for children). Otherwise they say we have to file form I-824 (and pay $400 and wait another few months!!!) to have the petition sent to NVC. We clearly listed his foreign address and in Question 22 put N/A for the local office and indicated the London Embassy. Obviously they made a mistake and should have just sent the petition on automatically.

So we’ve put in a service request for them to correct this and will just have to wait some more I guess. Ugh! Has anybody else had to deal with this? How long should we expect to wait for NVC to get it now?

[canadian_wife 1,822]

check your I 130, did you fill in question 22 (I think) that the beneficiary was in the US or did you say he would apply for the visa abroad?

check, see what you put down. Question 22 is a bit wonky - you should have filled in the right hand portion of Q22 with the city and country

Good luck

[Princessblack 21]

I assume you are in the US. Call USCIS # and put in the change. I had a similar problem where my name was spelt incorrectly. I called and they made the changes, gave me a reference #, and sent new documents reflectign the changes. So do call to rectify the issue ASAP>

[FaithfulandTrue 6]

I was so excited to get approval in less than 4 months, but now USCIS has gone and made a mistake to set us back!

On the NOA2 it seems to think that my husband (the beneficiary) is in the US and will adjust status (and no we didn't submit a I-129F or petitions for children). Otherwise they say we have to file form I-824 (and pay $400 and wait another few months!!!) to have the petition sent to NVC. We clearly listed his foreign address and in Question 22 put N/A for the local office and indicated the London Embassy. Obviously they made a mistake and should have just sent the petition on automatically.

So we’ve put in a service request for them to correct this and will just have to wait some more I guess. Ugh! Has anybody else had to deal with this? How long should we expect to wait for NVC to get it now?

Wow, I've never heard of anything like that.. do you have a copy of the paperwork you submitted.. I'm sure that will help when you try to have it corrected and they will see it was a mistake on their part.. not sure about the wait time, but definitely take your paperwork with you to show them

[goonergirl 2]

Thanks for the reply! Yes for Q#22 we put N/A for the USCIS office and put London, UK in the right hand part. I remember having to read that question a million times before I felt comfortable with it though.

check your I 130, did you fill in question 22 (I think) that the beneficiary was in the US or did you say he would apply for the visa abroad?

check, see what you put down. Question 22 is a bit wonky - you should have filled in the right hand portion of Q22 with the city and country

Good luck

[goonergirl 2]

We did put in this request and got a reference # (after calling 3 times to talk to 3 different people all saying different things! Ugh!) but I hope this doesn't mean another month or longer before they send it on to NVC!

I assume you are in the US. Call USCIS # and put in the change. I had a similar problem where my name was spelt incorrectly. I called and they made the changes, gave me a reference #, and sent new documents reflectign the changes. So do call to rectify the issue ASAP>

[Dan C. 18]

The same exact thing happened to us. I read through the NOA2 paper copy, and it wrongly stated that my spouse is in the US, and will apply for an AOS—which she's definitely not, and we're applying for a CR1 visa. The instructions told me to file a I-824 to send the approval onto the NVC.

I checked my I-130 over, and I definitely didn't put anything down for question 22, because it said to only complete that question if we were to apply for an AOS, which we weren't going to do.

I called USCIS, and the agent I spoke with told me that it probably was a typographical error, and they would look into it and send me a response within the next 30 days—but probably sooner than that. He gave me a reference number, and that was it.

They were very helpful, but still...hopefully this won't cost too much time. If it was a typo, the case may already be on its way to the NVC. We'll see.

Edited June 22, 2011 by Dan C.

[Navyk 78]

The entire question 22 should have been filled with N/A. By filling the second part you indicated that your spouse is in US but is not eligible fo adjustment of status. Just call them and get this corrected ASAP (keep on trying till you get them) to minimize the delay. all the best.

[goonergirl 2]

Thanks for the response!! Interesting that we both got approved on the same day and this same thing happened to both of us!

Yeah, I am really hoping it is just a typo and the file is actually on its way to NVC. I will start calling NVC soon just to check.

The same exact thing happened to us. I read through the NOA2 paper copy, and it wrongly stated that my spouse is in the US, and will apply for an AOS—which she's definitely not, and we're applying for a CR1 visa. The instructions told me to file a I-824 to send the approval onto the NVC.

I checked my I-130 over, and I definitely didn't put anything down for question 22, because it said to only complete that question if we were to apply for an AOS, which we weren't going to do.

I called USCIS, and the agent I spoke with told me that it probably was a typographical error, and they would look into it and send me a response within the next 30 days—but probably sooner than that. He gave me a reference number, and that was it.

They were very helpful, but still...hopefully this won't cost too much time. If it was a typo, the case may already be on its way to the NVC. We'll see.

[kmarion1968 5]

In regards to question 22 on the I-130 application isnt it asking if you are going to do adjustment of status either in the states or in another country? if you spouse is in colombia and you have no case to adjust shouldnt you put N/A in both spaces because your not adjusting. and when you finally get your visa doing a Cr1 when they enter they will receive their resident status upon entering the usa. am i wrong ??

[goonergirl 2]

The example I-130 on this site shows the embassy listed in Question 22, so I would guess most people put it like that with no problem. It is a poorly worded question and should either have 2 separate question numbers or else they should just have a box to check to say whether or not you intend to adjust status.

In regards to question 22 on the I-130 application isnt it asking if you are going to do adjustment of status either in the states or in another country? if you spouse is in colombia and you have no case to adjust shouldnt you put N/A in both spaces because your not adjusting. and when you finally get your visa doing a Cr1 when they enter they will receive their resident status upon entering the usa. am i wrong ??

[kmarion1968 5]

i agree. now i am wondering what to put. lol the stress is giving me a headache

[Ryan H 3,812]

I agree that the setup of question #22 is poor. However, there may be a peril to leaving that right hand side blank in some instances. Case in point, on another thread, a petitioner whose spouse is from Iran left that question blank and assumed the NVC would send the file to the Embassy in Ankara, Turkey as that is where most Iranian beneficiaries interview. However, the poster was notified by the NVC that the file was going to go to the Consulate in Napoli instead.

Now I cannot say with any kind of certainty that would not have happened anyway even if that individual had written Ankara, Turkey on question #22. After all, there is that little disclaimer about designation does not guarantee acceptance by the overseas post.

[Casprd 167]

The entire question 22 should have been filled with N/A. By filling the second part you indicated that your spouse is in US but is not eligible fo adjustment of status. Just call them and get this corrected ASAP (keep on trying till you get them) to minimize the delay. all the best.

22. Complete the information below if your relative is in the United States and will apply for adjustment of status.

Question 22 is confusing, but this is only for cases where you would apply for AOS and you would have to fill in all 4 fields. Filling in only 2 wouldn't be correct if you are going to AOS and filling in any if you are NOT going to AOS is also incorrect. In your case they should have all been N/A. Hope there is an easy way to fix it, but it was definately a mistake on the I-130.

Edited June 22, 2011 by Casprd

[Ryan H 3,812]

22. Complete the information below if your relative is in the United States and will apply for adjustment of status.

Question 22 is confusing, but this is only for cases where you would apply for AOS and you would have to fill in all 4 fields. Filling in only 2 wouldn't be correct if you are going to AOS and filling in any if you are NOT going to AOS is also incorrect. In your case they should have all been N/A. Hope there is an easy way to fix it, but it was definately a mistake on the I-130.

Prior to today, I had believed the general consensus for question #22 on the I-130 based on reading old posts and the sample I-130 form here on VJ was to leave the left hand portion of that section blank and to put the Embassy/Consulate and Country in the right hand section where the beneficiary will interview.

If this is not the case, then one of two things needs to happen:

1) USCIS needs to update the form to strip out the section about applying for a visa overseas from question #22 altogether

since #1 is very unlikely to happen then

2) It may be necessary to update the sample form.

On the other hand, the issue that the OP is facing may not be related to what was put on the form at all since Dan C. didn't put anything on that question and he has the same problem as the OP.

Sometimes I think this process is going to give me a ulcer.