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

[Darnell 8,479]

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

thats why I dont understand the NVC action...

NVC action was done because of how the I-130 was filled out.

NVC action already completed, you are scheduled for immigrant visa interview somewhere .

Is possible to fix this, to chase after Adjustment of status instead.

[LAcoolD 0]

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.

YOU BETTER THEN ANY LAWYER! I swear!

I filed I765 work permission, is approved, was three weeks ago for the biometric!

waiting only for that lil piece of paper!

THATS why Im so confused with the actions of NVC. but as you said I will ignore them and move on with uscis I485

[Darnell 8,479]

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!

Ya, is ok - sometimes we have to 'draw you out' to give us more information that what's in post #1.

since the entire casefile is now at the US Embassy IV unit in some other country, I think is some jepardy about the case, but

can call NVC to get it sorted.

I am confused though - if you were always going to chase adjustment of status, why even do NVC document intake and processing? that stuff is for visas, not for greencard chasing.

I filed I765 work permission, is approved, was three weeks ago for the biometric!

waiting only for that lil piece of paper!

THATS why Im so confused with the actions of NVC. but as you said I will ignore them and move on with uscis I485

When you filed for work permission, you paid a fee for it, right? 340 usd or similar ?

THATS why Im so confused with the actions of NVC. but as you said I will ignore them and move on with uscis I485

Since the casefile has left NVC, ask husband to chase it down with NVC, tell husband to tell NVC that the Visa Applicant is actually doing Adjustment of Status inside the USA.

Good Luck !

[Ontarkie 14,512]

~~~~Moved to Adjustment of Status from Work, Student, & Tourist Visas ,from IR-1 / CR-1 Spouse Visa Process & Procedures--As LAcoolD is working on adjustment of status not and IR-1 visa.~~~~

[Lex Specialis 38]

Correct me if I am wrong but it sounds like you did not file an I-485. If you didn't, then they are sending your file to NVC following I-130 approval to Germany because this is the procedure. If you don't adjust status in the US, you have to be consularly processed.

It appears you have been misinformed about the law. You cannot adjust status if your H1b has expired ON THE BASIS OF YOUR EMPLOYMENT. You can't have more than 180 days of unlawful presence under Section 245k of the Immigration and Nationality Act. However, if you are not seeking a green card on the basis of employment but on the basis of FAMILY, meaning you are the spouse of a US citizen, you adjust status pursuant to Section 245a which merely requires that you were properly inspected and admitted into the US (meaning a customs officer stamped your passport), that you are admissible to the US (meaning you are not a criminal, a Nazi, a Communist and have no communicable diseases), and a visa is immediately available for you (which it is because you are "Immediate relative" of a US Citizen. Your children also qualify because the law treats step children of your husband as children for your purposes here.

DO NOT leave the country under any circumstances. If you are out of status, you will trigger a bar for a certain period of time (3-10 years) during which you cannot re-enter back. If you try to consularly process yourself they will deny you the Immigrant Visa at the interview on the grounds of this visa. If in fact you haven't filed an I-485, only an I-130, you may need to start the process over again. More fees, but at least you are in the United States. You will get a work permit 90 days after filing. Of course I may have misunderstood what you did so you may have another issue.

[Darnell 8,479]

eh - sorta. they actually did the NVC Document intake, finished up with it, and the entire casefile went 'that-a-way' off to an IV Unit somewhere in parts unknown.

[kzielu 1,153]

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

thats why I dont understand the NVC action...

Of course you could. NVC action totally makes sense, what doesn't make sense is the way you submitted your documents. They are doing exactly what they're supposed to.

[LAcoolD 0]

Of course you could. NVC action totally makes sense, what doesn't make sense is the way you submitted your documents. They are doing exactly what they're supposed to.

Okay, I came here for help, not for opinions!

[NikLR 13,232]

They generally go hand in hand.

So call the NVC and get it sorted out. Make sure they send ALL your stuff back. File the I-485. I assume you will need to adjust the status on the children as well?

[kd6673 0]

I agree with darnell. I guess you should have submitted I-130 for IR1 petition and 1-485 Adjustment of Status forms all at the same time since you are already in the US. If your husband sent only I-130 form then the assumption is you're living outside the US. This is the reason why it was forwarded to NVC to issue you a visa. Maybe you should call the customer service hotline of USCIS how you will settle this since your visa has already been sent to Frankfurt. You just need to find a way how you will pay for your AOS. Hope everything works just fine for you & your family.

Edited April 13, 2013 by kd6673