Approved I-130 Recieved says my beneficiary is in the US!!!!!

[misa 2]

Oh jeez - just when I thought I knew what was going to happen, I came across all this stuff !

the last to hear eh ?

Well I left question 22 on the 130 totally blank as it said

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

I filed for a K3 but left that blank on the I-130 since I don't live there. They approved my I-130 at the same time as my I-129F with no RFE. NVC is pretty good at determining the consulate.

But since I left it blank, I am not sure if they are retaining the I-130 yet. We haven't received either NOA2 in the mail as of yet.

Edited January 14, 2007 by misa

[Captain Oates 910]

Alan, Alan, Alan,

Did you read what I typed?

Let's think of it this way..........

Ask yourself why they would send your approved I-130 petition to the NRC and not forward it the embassy. All the testimonials we've seen so far suggest the USCIS is assuming, based on a previously approved I-129F (k-3) petition, the beneficiary ( who again is assumable in the US on the k-3)will Adjust Status in the US and therefor are retaining the petitions. You however, did not file for a k-3 and therefor do not have a previously approved I-F petition to confuse the USCIS. Since your wife can not be in the US until her CR-1 is approved, where else would it be adjudicated if not in the UK?

When I completed my husbands I-130 I did not indicate the embassy on line 22 that would process our petition. Upon its approval at the USCIS, it was forwarded to the NVC and they made the determination as to which consulate would handle the interview, assumable based on my husband's address in Canada.

I'm stressing the point of it being unnecessary for you to send a letter to the USCIS because I'd hate to see your sending the letter cause any confusion at that level( they're confused enough already) and lead to delays.

I truly hope I'm making enough sense for you to understand what I'm trying to tell you so you can breathe a bit more easily.

Yes I can see what you are saying - if I mail them, they might assume it is a response to an email from them asking whether to send it to NRC and that I am trying to get away with not paying the $200 and filing the form...

Yes that would be a shame to throw that spanner (wrench) in the works...

So hopefully they won't do the NRC thing if they cant find a I-129 K3 application - and I can relax... (a bit)

well anyway, for a while until somebody with just an I-130 says the USCIS pulled the NRC thing on them !

thanks for your assistance - I do feel a bit better about it...

alan