I live in u.s. NVC still wanna send documents to embassy

[LAcoolD 0]

hi all!

11/2012 married

I130 filed and "days" later approved

02/2013 documents sent to NVC

today mail from NVC that they are sending the visa documents to a Country

I dont even have the citizenship of it.

Im lost, I dont know what their plans are!

I765 approved...thou it doesnt make any sense if I have approved CR1, right?

I live here with kids and husband, approved work permission, waiting for my CR1 visa and I am totally blocked!

I called NVC asking them what to do next and that we are here ALREADY...she told me to file I485! #######

Pls who doesnt get it? I or the NVC? here is something wrong and I dont know what to do next!

[oohpartiv 484]

Please elaborate a little. Is the beneficiary living in the USA, or not?

Edited April 12, 2013 by oohpartiv

[Inky 1,111]

hi all!

11/2012 married

I130 filed and "days" later approved

02/2013 documents sent to NVC

today mail from NVC that they are sending the visa documents to a Country

I dont even have the citizenship of it.

Im lost, I dont know what their plans are!

I765 approved...thou it doesnt make any sense if I have approved CR1, right?

I live here with kids and husband, approved work permission, waiting for my CR1 visa and I am totally blocked!

I called NVC asking them what to do next and that we are here ALREADY...she told me to file I485! #######

Pls who doesnt get it? I or the NVC? here is something wrong and I dont know what to do next!

You are currently living in the USA is what your saying right?

So you filed the I-130 in the US?

Were you trying to get a visa or trying to get a green card?

You say you are waiting to get the " CR-1 visa " You can only get a visa from another country not inside the USA. You would have to go home to your home country and have a medical and an interview to be issued a CR-1 Visa.

What did you enter the US on?

[LAcoolD 0]

You are currently living in the USA is what your saying right?

yes since 2009 together with my kids!

So you filed the I-130 in the US?

Yes my husband U.S. citizen did it after our marriage!

Were you trying to get a visa or trying to get a green card?

no not a green card, I came with H1B/H4 for the kids. With H1b/H4 you not eligible for AOS!

You say you are waiting to get the " CR-1 visa " You can only get a visa from another country not inside the USA. You would have to go home to your home country and have a medical and an interview to be issued a CR-1 Visa.

Thats not possible!

What did you enter the US on?

H1B

[NikLR 13,232]

You have to. If you cannot adjust your status you have to go to the country of your birth, the one you have citizenship in and have your medical and interview there.

[oohpartiv 484]

Then you filed for the wrong thing. Filing ONLY the I-130 is for foreign spouses who are still overseas. It requires the foreign spouse to attend a medical appointment and interview in their foreign country of residence. If you're living in the US, you should have filed an I-485 from the beginning, along with several other things. Please go to this guide and read up.

http://www.visajourney.com/content/i130guide2

[LAcoolD 0]

in limbo, I cant answer to your post! thats why I answer this way!

Hi, yes he is an u.s. citizen, my kids and I german.

since our first entry 2009, we never left the u.s.

we dont have any kind of family outside u.s. so no reason for us to visit germany.

[LAcoolD 0]

Hi in limbo, your comment make sense! absolutely. my husband applied for I130 after talking to the uscis,

because my H1B ended 2012. so I couldnt make adjustment of status on H1B, thats why I needed an other kind of visa!

[LAcoolD 0]

You have to. If you cannot adjust your status you have to go to the country of your birth, the one you have citizenship in and have your medical and interview there.

now based on approved I130, Im eligible for adjustment of status.

thats why I dont understand the NVC action...

[Inky 1,111]

Hi in limbo, your comment make sense! absolutely. my husband applied for I130 after talking to the uscis,

because my H1B ended 2012. so I couldnt make adjustment of status on H1B, thats why I needed an other kind of visa!

Your saying here you couldn't adjust status because your H1B expired?

You can/should be able to adjust status regardless of if your visa is expired or not. You would have filed the I-130 at the same time as the I-485 not just the I-130 by itself.

I - think - to fix this you need to file the I-485 with a copy of your I-130 notices from the USCIS. But i'm not completely sure.

[oohpartiv 484]

Hi in limbo, your comment make sense! absolutely. my husband applied for I130 after talking to the uscis,

because my H1B ended 2012. so I couldnt make adjustment of status on H1B, thats why I needed an other kind of visa!

So, if your visa expired in 2012, how are you still in the USA? You're out of status? You should have gone back to Germany in order to apply for the IR-1, and go through the process like all the other foreign spouses living abroad do.

[Darnell 8,479]

ok - this is making more sense.

you're casefile was erroneously sent on to the NVC. a problem, but can be fixed.

You have an I-130 approval notice, was sent in via postal mail, you have that in your hands.

Make a copy of that approval notice, submit it WITH the I-485 and medical exam and I-864 and some other stuff to USCIS.

The casefile at NVC will be sent back to USCIS as USCIS will 'see' the casefile at NVC and initiate the transfer back.

IMO, do nothing more at NVC.

Good Luck ! (you are chasing a greencard, you are adjusting status from H1-B based on marriage to USCitizen)

So, if your visa expired in 2012, how are you still in the USA? You're out of status? You should have gone back to Germany in order to apply for the IR-1, and go through the process like all the other foreign spouses living abroad do.

No - since she's married to a USCitizen, and the USCitizen has filed for her - she's actually allowed to remain in country as long as there is some progress with USCIS on chasing the adjustment of status.

IMO, though, husband should have filed for AOS with I-130 and I-485 concurrently, but that didn't happen - he only filed the I-130.

Is ok - many people file 'just that' and file the I-485 after the I-130 is approved.

It's allowed, and works well, when the foreigner is IN the USA .

Edited April 12, 2013 by Darnell

[LAcoolD 0]

Your saying here you couldn't adjust status because your H1B expired?

You can/should be able to adjust status regardless of if your visa is expired or not. You would have filed the I-130 at the same time as the I-485 not just the I-130 by itself.

I - think - to fix this you need to file the I-485 with a copy of your I-130 notices from the USCIS. But i'm not completely sure.

I feel you. the problem is we don't have the money for the I485 now. that's why I'm waiting for my work permission!

[Darnell 8,479]

you can't get 'work permission' without filing for an EAD. at this stage, though, cannot file for EAD without having filed the I-485.

Have husband take out a personal loan or something, you need $$ for the rest of things for I-485 processing and the medical exam.

-=-=-=-=-=-=

oh wow.

02/2013 documents sent to NVC

and NVC has completed everything already, and NVC has set up an appointment with the US Embassy in Frankfurt.

Ouch. Got it, though.

You've been 'out of status' on that H1-B for some time.

IMO, do not leave the USA, as you'll incur a bar on entry even with an IR-1 visa awarded from Frankfurt IV.

Edited April 12, 2013 by Darnell

[LAcoolD 0]

finally you gave me the answers I needed!

thank you so much! very appreciated!

btw my husband and I we are since 2009 together and have also kids together.

no chasing for visa at all!