NVC case number received but still confused

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Hello Everyone,

I am a F1 student in valid status. My wife is a LPR (she became LPR in Feb 2011.) and we had our I-130 approved with PD April 2011. I received the approval notice on August 22, 2011 which mentioned the case being forwarded to NVC for further processing. The notice also mentioned that if I do not hear anything from NVC for 30 days, I can email them for further inquiry. I emailed them a couple of days back asking about the status and received the following email:

Dear Sir/Madam:

Your inquiry has been received at the National Visa Center (NVC).

All correspondence for this case is being sent to your attorney of

record. If you no longer wish to utilize this attorney as your

representative, please contact us at NVCInquiry@state.gov , or by

regular mail at the address below.

National Visa Center

ATTN: WC

31 Rochester Avenue, Suite 200

Portsmouth, NH 03801-2915

A packet containing the Immigrant Visa Application Processing Fee Bill

and the Affidavit of Support Processing Fee Bill Invoice was sent to the

attorney of record. The fees listed on the invoice must be received

before the petition can be processed further.

To make a payment go to www.immigrantvisas.state.gov , click the "Pay

immigrant visa application processing fee(s)" link and follow the

instructions to submit the fees using the Immigrant Visa Invoice Payment

Center. To make a payment you will need the following information,

which is included on the fee bill invoice:

* The NVC case number

* The invoice identification number

If you are unable to pay online, you must submit your fee(s) using the

alternative payment option by submitting a cashier's check or money

order. For alternative payment instructions please visit the following

website:

http://travel.state.gov/visa/immigrants/info/info_3905.html

Once the payment is received and processed, you will be given

instructions on how to download the instruction packets and the

appropriate forms online. You will need to mail the appropriate forms to

the NVC in order to complete your immigrant visa processing.

Please note that the NVC will not send instructions to you if your

payment was made online. If your payment was submitted online the

instructions will be available on your payment receipt. To access your

payment receipt please sign on to the Immigrant Visa Invoice Payment

Center located on the following website:

https://ceac.state.gov/CTRAC/Invoice/signon.aspx

We are sending a duplicate packet of information, which is important to

the processing of this immigrant visa petition. Once received, follow

all instructions and submit any required fees, forms, or documents to

the NVC. Please allow at least 10-15 business days for the packet to

arrive.

If a period of one year passes from the last date of contact with the

NVC (by telephone, mail, or email), all submitted fees and documents

will expire. If this occurs, your fees will need to be repaid and

documents will need to be resubmitted in order to continue the

immigration process.

Case Number: **************

Petitioner's Name: ********

Principal Applicant's Name: *********

Preference Category: IR1

Your Priority Date: 22Apr2011

Foreign State Chargeability: NEPAL

MAHRAJGUNJ

KATHMANDU

NEPAL

Lexi

National Visa Center

Written Inquiry Unit

Serco Inc, Support Contractor

I talked to my attorney regarding this matter and here is what he had to say:

1. Since I am already in the country in a legal status, I will have to file for AOS and not consular processing. (I had posted a topic couple of weeks back and I got the same response from all you helpful VJers.)

2. The email above mentions to pay fees for consular processing. But since I will be doing a AOS, the fees will be paid only when my PD becomes current and that too the fees need to be paid to USCIS, not to NVC.

3. Paying the fees now to NVC is just waste of money so do not pay for it. You will pay later when the PD becomes current.

4. The attorney was surprised as well to see this email. He also mentioned that he hasn't received any correspondence yet on this matter.

So, my questions is:

a. Since I am doing an AOS, how do I do it? i.e. the email above mentions the embassy of my home country. So I am implying it is going through consular processing. I wanted to ask my attorney about this but he was too busy and wanted to set up an appointment (which means money to him).

b. They have assigned a NVC case number to me. But when I called the NVC automated service phone number, it said "No Records Found". So is there anything to be done from my side? I know nothing is going to happen until my PD become current, but wanted to make sure everything is on track.

c. Which processing is faster? AOS or Consular Processing? Any suggestions?

Appreciate your response.

[RICARDO4EVA2 194]

Do u see your self in legal immigration status in the next 2-3 years? If you are in status then you can go the AOS route. If not.. You must do the consular route which would take about 2-3 months once it is current. The AOS route will take about 4-8 months to be processed and would be cheaper since u dont have to buy tickets.

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Do u see your self in legal immigration status in the next 2-3 years? If you are in status then you can go the AOS route. If not.. You must do the consular route which would take about 2-3 months once it is current. The AOS route will take about 4-8 months to be processed and would be cheaper since u dont have to buy tickets.

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Thanks RICARDO4EVEA2. So if I want to do AOS, do I have to notify NVC of my intent? As per their response, I believe they are assuming I am trying to do Consular Processing. I am saying this based on their statement that it has been corresponded with my home country US Embassy as well. Thanks in advance.

[RICARDO4EVA2 194]

Thanks RICARDO4EVEA2. So if I want to do AOS, do I have to notify NVC of my intent? As per their response, I believe they are assuming I am trying to do Consular Processing. I am saying this based on their statement that it has been corresponded with my home country US Embassy as well. Thanks in advance.

yes if your case is at the NVC and you see your self in legal status for the next 3 years then you should take the AOS route and notify them of them. The case will be transferred back to USCIS.