Do I have to file Form I-824 due to USCS not sending the approval to NVC?

[ANDames 0]

In June 2012 I filed an I-130 for my husband. Since then, it has been approved (twice; two different approval letters). After an address change it went from Post Decision Activity back to initial review. USCS said that the website only says this because a change is made but the application is still approved. However, when I contacted the National Visa Center (NVC) they said:

"Please be advised that the National Visa Center (NVC) has received your inquiry. Unfortunately, we do not have any record of receiving your petition. If your petition was approved more than 15 days ago, please email a scanned copy of your I-797 or I-171 Notice of Action - Approval Notice to NVCResearch@state.gov. " This was done and I didn't receive an update from them.

So, I called USCS and they said that I should hear from NVC during the 1st week of August and that they have filled out an inquiry to find out why NVC hasn't got the approval document.

I just opened a letter dated July 24th from USCS saying:

"Your approval notice was mailed on April 11, 2013 to the address we had on file at the time. You have indicated the beneficiary on this I-130 petition will adjust status in the United States. If you want to send to National Visa Center you may file Form I-824, Application for Action on an Approved Application or Petition, with fee. You can access the Department of States monthly visa bulletin on the internet at http://travel.state.gov for further information regarding visa availability."

What does this mean? I have BOTH approval notices they sent to me. Do I have to file this form to complete the process due to them never sending an approval notice to NVC? I am so confused. Who would I even call at this point?

[dwheels76 5,469]

In June 2012 I filed an I-130 for my husband. Since then, it has been approved (twice; two different approval letters). After an address change it went from Post Decision Activity back to initial review. USCS said that the website only says this because a change is made but the application is still approved. However, when I contacted the National Visa Center (NVC) they said:

"Please be advised that the National Visa Center (NVC) has received your inquiry. Unfortunately, we do not have any record of receiving your petition. If your petition was approved more than 15 days ago, please email a scanned copy of your I-797 or I-171 Notice of Action - Approval Notice to NVCResearch@state.gov. " This was done and I didn't receive an update from them.

So, I called USCS and they said that I should hear from NVC during the 1st week of August and that they have filled out an inquiry to find out why NVC hasn't got the approval document.

I just opened a letter dated July 24th from USCS saying:

"Your approval notice was mailed on April 11, 2013 to the address we had on file at the time. You have indicated the beneficiary on this I-130 petition will adjust status in the United States. If you want to send to National Visa Center you may file Form I-824, Application for Action on an Approved Application or Petition, with fee. You can access the Department of States monthly visa bulletin on the internet at http://travel.state.gov for further information regarding visa availability."

What does this mean? I have BOTH approval notices they sent to me. Do I have to file this form to complete the process due to them never sending an approval notice to NVC? I am so confused. Who would I even call at this point?

Well it seems they (USCIS) thinks the beneficiary is in the US and you want to adjust status. Did you file just a stand alone I-130 or what?

What was the address you put for the beneficiary?

What you need to do is call USCIS and request to talk to a Tier 2 supervisor? and talk to them Do not talk with the operators on phone?

I would also get a hold of the Ombudsman and file a investigation on where your petition is.

Start calling tomorrow.

[ANDames 0]

What is meant by "adjust status"?

[Darnell 8,479]

I think the casefile was sent off to NRC by mistake, this mistake made by a local office. I'm off to sleep soon, but there's a recent thread about this - if you can't find it by the time I'm back, I'll post the url and you can review what someone else did to rectify the problem.

For the nonce, I say NO, do not file the I-824.

EDIT - here's the url:

http://www.visajourney.com/forums/topic/445548-approved-i-130-not-sent-to-nvc-assistance-requested/

http://www.visajourney.com/forums/topic/445548-approved-i-130-not-sent-to-nvc-assistance-requested/

http://www.visajourney.com/forums/topic/445548-approved-i-130-not-sent-to-nvc-assistance-requested/

Did you make a copy of your I-130? If so, study it, review the Q22 block, and let us know what you put there, on the left side and the right side of that block.

Edited August 3, 2013 by Darnell

[ANDames 0]

He is in the US. He was a student.

[Darnell 8,479]

Since he's in the USA on a Student Visa,

you might want to (instead) explore the path of filing for an adjustment of status.

You've already gotten an approved I-130, so (I Say) finish up with the rest of it, filing the I-485 with a COPY of the NOA-2 document.

All that works, of course, if'n he's still inside the USA. If he's about to leave the USA, stop him, and file the I-485 stuff...

If he's already out of the USA, then it's quite possible the I-824 must be filed, but

really, that decision tree now hinges around WHAT you put in, on block 22, left and right side of form I-130.

Can take a look, tell us what's there?

FWIW, the I-130 is a multi-purpose form, I can understand any confusion about thinking to chase a visa at NVC. But if he hasn't left the USA, finish up the adjustment of status paperwork this weekend, and file it on Monday, do not chase a visa anymore at NVC

Edited August 3, 2013 by Darnell

[KayDeeCee 4,896]

~ Moved from IR-1/CR-1 Process to AOS from Work, Student & Tourist Visas ~

[Darnell 8,479]

I don't normally do this, thinking you already know how to navigate to the Guides section and you know what's what already -

Here's the link for Adjustment of Status for your casefile TYPE -

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

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

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

Now, don't file a new I-130 or pay another I-130 fee - include a photocopy of the NOA-2 , approval notice of I-130 petition, and all of the rest of the documents listed in the Guide that I've linked above.

Go Get Em, and Good Luck !

[ANDames 0]

Since he's in the USA on a Student Visa,

you might want to (instead) explore the path of filing for an adjustment of status.

You've already gotten an approved I-130, so (I Say) finish up with the rest of it, filing the I-485 with a COPY of the NOA-2 document.

All that works, of course, if'n he's still inside the USA. If he's about to leave the USA, stop him, and file the I-485 stuff...

If he's already out of the USA, then it's quite possible the I-824 must be filed, but

really, that decision tree now hinges around WHAT you put in, on block 22, left and right side of form I-130.

Can take a look, tell us what's there?

FWIW, the I-130 is a multi-purpose form, I can understand any confusion about thinking to chase a visa at NVC. But if he hasn't left the USA, finish up the adjustment of status paperwork this weekend, and file it on Monday, do not chase a visa anymore at NVC

I'm not sure if I put Phoenix, AZ because that's where it was being mailed or if I put Miami, FL, where we live. How would I find out? I don't have any more copies.

[Darnell 8,479]

OK - let's toss Q22 of the I-130 for the moment, yes?

New Question:

is your husband outside of the USA now, or no ?

A. My husband is not in the USA

B. My husband is in the USA and we live together.

pick one, please?

Edited August 3, 2013 by Darnell

[ANDames 0]

I don't normally do this, thinking you already know how to navigate to the Guides section and you know what's what already -

Here's the link for Adjustment of Status for your casefile TYPE -

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

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

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

Now, don't file a new I-130 or pay another I-130 fee - include a photocopy of the NOA-2 , approval notice of I-130 petition, and all of the rest of the documents listed in the Guide that I've linked above.

Go Get Em, and Good Luck !

Im kind of confused. Are you referring to the following checklist? If I compile all of this again, who exactly am I giving it to?

1. Payment as required by USCIS. Use a money order so you can track the payment. If a personal check is allowed, use that instead. 2. Cover Letter. Should include a description of what your are petitioning for (I-130), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet. 3. Form I-130: Petition for Alien Relative 4. Copy of the Full Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport. This is used to establish citizenship. 5. A copy of petitioner's proof of naturalization. (If applicable) 6. A copy of petitioner's proof of permanent residency. (If applicable) 7. A copy of the intending immigrant's birth certificate and/or passport along with English translation. (If in any language other than English) 8. A certified copy of your certified marriage certificate (again, translated if not in Engligh) 9. A certified official copy of the petitioner's and/or intending immigrant's divorce documents. (If one or both of you have been divorced before) 10. A copy of a prior spouse's death certificate. (If filing for a spouse, and one or both have you were married before, and the prior spouse died) 11. G-325A filled out by the US Citizen, signed and dated. 12. One passport-type photo (see specification) of the US Citizen. Write the full name on the back. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a. 13. G-325A filled out by the foreign spouse signed and dated. 14. One passport-type photo (see specification) of the foreign spouse. Write the full name of the beneficiary on the back. Place in a plastic bag and label the bag "Photo of (insert name) ". Attach the bag to a sheet of paper and place behind the corresponding G-325a. 15. Evidence of a bonafide marriage (see note below for what to include)

OK - let's toss Q22 of the I-130 for the moment, yes?

New Question:

is your husband outside of the USA now, or no ?

A. My husband is not in the USA

B. My husband is in the USA and we live together.

pick one, please?

B. My husband is in the USA and we live together.

[Darnell 8,479]

as to 'who' - study the instructions on the I-485 - there's an address to send it to.

That checklist you referenced covers the I-130 portion.

I did say to SKIP the I-130 portion, as you've already got an approved I-130.

Carry on with the rest of the forms.

Edited August 3, 2013 by Darnell

[ANDames 0]

If his student Visa expires, is it best for him to complete the I-824 and go back to the Bahamas for the process to be completed?

[NikLR 13,232]

NO!

Start the adjustment of status and STAY in the USA. The overstay is forgiven when the AOS is approved.

[ANDames 0]

NO!

Start the adjustment of status and STAY in the USA. The overstay is forgiven when the AOS is approved.

Ok and is the adjustment of status done by filling out the I-824, the I-485, or another process all together?