what does I130 approval mean?

[J2221 0]

Hi all,

I just got my wife's approval notice, I-797 for both I130 and I129F. The I130 approval letter states:

"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 of Petition, with this office to request that we send the petition to the Department of State national Visa Center (NVC)."

What does this mean?? My wife is living abroad and never entered US. The I129F states that they forwarded the case to NVC. I am really confused. Please help/advise.

Thanks

[dwheels76 5,468]

Hi all,

I just got my wife's approval notice, I-797 for both I130 and I129F. The I130 approval letter states:

"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 of Petition, with this office to request that we send the petition to the Department of State national Visa Center (NVC)."

What does this mean?? My wife is living abroad and never entered US. The I129F states that they forwarded the case to NVC. I am really confused. Please help/advise.

Thanks

It means your petition at USCIS has been approved and has now been sent to the next step which is NVC (National Visa Center). You need to go to the NVC filers for August thread and read up on whats next. You want to be very proactive for the next few weeks

http://www.visajourney.com/forums/topic/380887-nvc-filers-august-2012/

Oh and know your I-129F will be administratively closed since that form along with I-130 is obsolete. Your I-130 is your Petition that will now move forward.

[pushbrk 12,883]

It means your petition at USCIS has been approved and has now been sent to the next step which is NVC (National Visa Center). You need to go to the NVC filers for August thread and read up on whats next. You want to be very proactive for the next few weeks

http://www.visajourn...rs-august-2012/

Oh and know your I-129F will be administratively closed since that form along with I-130 is obsolete. Your I-130 is your Petition that will now move forward.

No, that's not what the wording in THAT notice means. However, it's probably a mistake, where somebody selected the wrong boilerplate. The notice actually says they think the foreign spouse is IN the USA and intending to adjust status. In which case the petition would NOT go to NVC.

Two things to do.

1. Check your petition itself and confirm that in section 22 of the I-130 you indicated the beneficiary would apply for a visa. If you do that section wrong, the case won't go to NVC.

2. Call USCIS and confirm the case is actually going to NVC.

[J2221 0]

No, that's not what the wording in THAT notice means. However, it's probably a mistake, where somebody selected the wrong boilerplate. The notice actually says they think the foreign spouse is IN the USA and intending to adjust status. In which case the petition would NOT go to NVC.

Two things to do.

1. Check your petition itself and confirm that in section 22 of the I-130 you indicated the beneficiary would apply for a visa. If you do that section wrong, the case won't go to NVC.

2. Call USCIS and confirm the case is actually going to NVC.

I left section 22 blank because the laywer (who I should have not listened to or talked to in the first place) said to leave it blank because in my wife's case who lives in Gaza, we dont know whether its Cairo or Jeurasulem that will take care of it.

So at this point, does that mean we will have to proceed with K3 since it was approved and forwarded to NVC?

Thank you purshbrk

[dwheels76 5,468]

No, that's not what the wording in THAT notice means. However, it's probably a mistake, where somebody selected the wrong boilerplate. The notice actually says they think the foreign spouse is IN the USA and intending to adjust status. In which case the petition would NOT go to NVC.

Two things to do.

1. Check your petition itself and confirm that in section 22 of the I-130 you indicated the beneficiary would apply for a visa. If you do that section wrong, the case won't go to NVC.

2. Call USCIS and confirm the case is actually going to NVC.

Gosh I am sorry. Can I ask why would a petition go else where.? I never heard if that. I alwasy hear I-129F will be closed and the I-130 moves forward.

[Ryan H 3,812]

So at this point, does that mean we will have to proceed with K3 since it was approved and forwarded to NVC?

If your I-130 is in fact held up, then the I-129F will survive the NVC and be sent overseas. Regardless of circumstances, you still have a choice. If your I-130 is stalled because they (USCIS) think incorrectly think your spouse is in the US and you still want the CR-1 visa, then call USCIS and do everything you can to get that petition forwarded to the NVC and complete the appropriate steps at the NVC once the file is there. If the K3 remains active and you are able to continue with the CR-1 at the NVC, and you do in fact want to follow the CR-1 path, then simply ignore all correspondence received from whichever post that is handling the case in regards to the K3.

Gosh I am sorry. Can I ask why would a petition go else where.? I never heard if that. I alwasy hear I-129F will be closed and the I-130 moves forward.

That is usually what happens. However, in the OP's case, it appears USCIS has come to the mistaken conclusion that his wife is in the US and will be adjusting status. Furthermore, the I-129F is only closed by the NVC if both petitions arrive there at the same time or if the I-130 arrives first. If the I-129F arrives at the NVC first (a rare occurrence), then that petition will go forward (although the couple still has a choice as to which visa path they wish to pursue).

[pushbrk 12,883]

I left section 22 blank because the laywer (who I should have not listened to or talked to in the first place) said to leave it blank because in my wife's case who lives in Gaza, we dont know whether its Cairo or Jeurasulem that will take care of it.

So at this point, does that mean we will have to proceed with K3 since it was approved and forwarded to NVC?

Thank you purshbrk

No, you do not "have to" proceed with the K3. Follow the steps I gave you to find out where your I-130 REALLY is.

Gosh I am sorry. Can I ask why would a petition go else where.? I never heard if that. I alwasy hear I-129F will be closed and the I-130 moves forward.

Because if USCIS thinks the I-130 beneficiary is adjusting status, they hold the petition instead of sending it to NVC. READ the notice again. The I-129F is closed when both petitions arrive together at NVC. That's probably what will REALLY happen but this notice calls that into question.

Edited August 8, 2012 by pushbrk

[Darnell 8,478]

either pure data error or someone at USCIS thinks she's here.

Please call USCIS in the morning, get an ISO (this bit is important) and get it all sussed out. I see that pushbrk has already address these bits. Yay !

Good Luck !

Edited August 8, 2012 by Darnell

[Darnell 8,478]

Gosh I am sorry. Can I ask why would a petition go else where.? I never heard if that. I alwasy hear I-129F will be closed and the I-130 moves forward.

I-130's are multi-purpose forms - please don't forget that. You've filled one out to chase after a spousal visa; your spouse will be allowed to do that once the I-130 petition is approved.

Edited August 8, 2012 by Darnell

[J2221 0]

Thank you very much for all your help everyone. I will contact them in the morning