USCIS mix-up?

[fantozzi 0]

Hello friends,

To the point... Here's the situation:

• I'm on F-1 in the US.
• My wife is perm resident (green card) in the US.
• She petitioned for me I-130.
• I-130 has been approved.
• The case went to NVC (National Visa Center) at Department of State (DS).
• NVC asked me to fill out DS forms as if I'm outside of states.
• I filled out DS forms and paid fees (totalling around $300).

What's going on now:

• Called USCIS to ask if it's normal that the case went to NVC.
• The response was "###### happens", and the case shouldn't have been forwarded there.
• Lady says that if I file I-485 (AOS) the USCIS will request the case back from NVC.
• The fees from NVC? I should contact NVC for that

Questions:

• What might have caused the case to be transferred to NVC? Form I-130 is filled properly.
• How can I proceed? Should I just file I-485 as the lady said?
• Any chance I'd get a refund?

Thanks for your responses. Really appreciate your help!

Edited October 24, 2013 by fantozzi

[Pitaya 2,577]

~Moved from Family-based AOS to WST-based AOS Forum~

~Inquirer adjusting from student visa~

[Hypnos 6,578]

Sometimes USCIS makes this mistake of forwarding I-130s intended to be used for AoS instead to the NVC. You then compounded their mistake by making one of your own when you completed NVC forms and paid some fees. Maybe you can get those refunded by the NVC but I wouldn't hold my breath.

File the I-485 and submit a copy of the approval notice for the I-130 along with it. USCIS will then request the I-130 back from the NVC and it will proceed from there.

Edited October 25, 2013 by Hypnos

[Darnell 8,479]

File the I-485, with the I-765 and I-131 (fees are waived on those 2 forms, when filed with the I-485).

Don't forget the medical exam.

as to 'refund from NVC' -is possible, but, expect a NO for this year.

[Harpa Timsah 13,258]

Yeah, you shouldn't have communicated with NVC. All stand alone I-130s go there, it is your job to file the AOS which tells them what you want to do. Otherwise they think you are going for consular processing. how would they know, except that you file a I-485?

[Darnell 8,479]

or how would they know, when they study Q22 on the I-130 ? (this bit me in the backside)

[Harpa Timsah 13,258]

I know what you are saying, but I don't think that question carries any real weight for 2 reasons.

1) It is outdated: no one "applies" at an office anymore - they send all forms to the Chicago Lockbox. People have put either their local office or Chicago Lockbox for that answer and either option is fine, which tells me the questions is ignored.

2) More importantly, it is merely a statement of intent to AOS, an intention which could change. When you file the I-485, then the person states their intention with forms and money.