I-130 transferred to Department of State even after I-485 interview

[ghw4567 0]

Hi,

I have a question regarding my case. Here is a bit of background first:

My wife is a U.S. citizen and filed an I-130 for me, her foreign spouse in April 2013. At the time, we weren't sure where we'd settle. We then filed the I-485 separately in October 2013 once we decided to settle down here. I got the approved AP document in November 2013 and the approved EAD card in January 2014 (AP and EAD filed separately too). Then we got interviewed in February 2014 at the NYC Manhattan office but the officer said he couldn't determine "admissibility" since the I-130 form was not at the office we were interviewed in (it was still at the Nebraska Service Center after being transferred there from MSC-National Benefits Center). He said he would request the file from Nebraska and then we could expect further documents/instructions in the mail.

As of today on the USCIS case status website, the I-485 status still shows "Testing and Interview" (it hasn't been updated since the interview).

However, when looking at the USCIS case status website for the I-130 petition, it shows "post-decision activity" and the following text: "On March 12, 2014, we shipped this approved or re-affirmed case to the Department of State for visa processing. For more information, please contact them directly".

I called USCIS and they said that this is weird and that it wasn't supposed to be transferred to the State Department since there was a I-485 filed. The representative said to make an InfoPass appointment with the USCIS office to have them bring the file back to USCIS from the Department of State.

I also called the Department of State today who said they will have no information regarding our case until 8 weeks after the date USCIS sends it to them...

So,

1) Does anyone have any insight or experience as to what we are supposed to do?

2) And regarding InfoPass, there are no appointments at the NYC Manhattan office that we interviewed at or any of the other two offices for our New York zip code. When I type in a zip code in New Jersey which is close to where we live, there are available appointments at that office. Would I be able to give/get the information I need at the New Jersey office even though my case was interviewed in the New York office?

Thank you in advance VJ community for your help!

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[aussie_jason 195]

Let me guess, your I-130 used your Canadian address and stated you weren't currently present in the US? That is how your I-130 would have ended up where it is.

When you filed your I-485 did you include the I797 for the I-130? It sounds like you didn't so your I-130 and I-485 never ended up getting joined together but that is odd as I would have expected your I-485 to get nowhere if that was the case, I think you are just going to have to wait for USCIS to request the I-130 file back so they can proceed with your I-485.

If you were undecided at the time why did you even file the I-130? That seems odd and if you had have filed for AOS at the same time you would have long since had your green card, your timeline would have just looked like your I-485 timeline.

[ghw4567 0]

Let me guess, your I-130 used your Canadian address and stated you weren't currently present in the US? That is how your I-130 would have ended up where it is.

When you filed your I-485 did you include the I797 for the I-130? It sounds like you didn't so your I-130 and I-485 never ended up getting joined together but that is odd as I would have expected your I-485 to get nowhere if that was the case, I think you are just going to have to wait for USCIS to request the I-130 file back so they can proceed with your I-485.

If you were undecided at the time why did you even file the I-130? That seems odd and if you had have filed for AOS at the same time you would have long since had your green card, your timeline would have just looked like your I-485 timeline.

Thanks Aussie Jason for your reply. Yes you are right, I did put my address in Canada on the I-130

BUT

when I filed the I-485 with my U.S. address, I did include a copy of the I-797 form showing that the I-130 was received so they still should have joined the two applications but alas they did not.

I made an InfoPass appointment so hopefully this thing gets sorted out. I will update the thread when I get some news.

[ghw4567 0]

Thanks Aussie Jason for your reply. Yes you are right, I did put my address in Canada on the I-130

BUT

when I filed the I-485 with my U.S. address, I did include a copy of the I-797 form showing that the I-130 was received so they still should have joined the two applications but alas they did not.

I made an InfoPass appointment so hopefully this thing gets sorted out. I will update the thread when I get some news.

Okay so we went to the InfoPass appointment yesterday in New York City. The officer said that the I-130 is still at the Dept. of State National Visa Center (NVC) and she placed a request to have it sent to New York. I showed her the I-130 approval notice which she made a photocopy of and said she will take it to the officer who is in charge of our case.

Today, I see on the USCIS case status website that the I-485 is now in card production. So I'm thinking that perhaps the I-130 approval notice was enough for the officer to adjudicate the I-485 even before the actual I-130 file got back from the NVC.

[calvinch 3]

I'm in a similar situation. We filed a I-130 from Australia, then moved to the US and applied for AOS while sending in the I-130 NOA1.

After submitting the I-485, we received the NOA1 for I-485 with the priority date of the I-130 filed from Australia, so I had thought that the two applications were linked up in their system.

Recently the I-130 was approved, and followed by a notice that it had been forwarded to NVC a week later. I called the help line and got a tier-2 who mentioned that I should file a I-824, which not only was it going to cost another $400, but also did not have an option to recall the approval from the State Dept back to USCIS. The form seemed to have been designed to send the petition onward to NVC for beneficiary still abroad, not for when the petition was sent to NVC where it should have stayed with USCIS when the beneficiary had moved to the US.

I have an InfoPass appointment scheduled on Friday to sort this out, hopefully. Anybody else in a similar situation?

[ghw4567 0]

I'm in a similar situation. We filed a I-130 from Australia, then moved to the US and applied for AOS while sending in the I-130 NOA1.

After submitting the I-485, we received the NOA1 for I-485 with the priority date of the I-130 filed from Australia, so I had thought that the two applications were linked up in their system.

Recently the I-130 was approved, and followed by a notice that it had been forwarded to NVC a week later. I called the help line and got a tier-2 who mentioned that I should file a I-824, which not only was it going to cost another $400, but also did not have an option to recall the approval from the State Dept back to USCIS. The form seemed to have been designed to send the petition onward to NVC for beneficiary still abroad, not for when the petition was sent to NVC where it should have stayed with USCIS when the beneficiary had moved to the US.

I have an InfoPass appointment scheduled on Friday to sort this out, hopefully. Anybody else in a similar situation?

We did get a letter from the NVC asking for some fees related to the immigrant visa process at the consulate in Canda, but as I already got the green card after adjusting in the U.S., this process wasn't relevant. Do you have an Visa case number yet? I spoke to the NVC who advised me to send an email to nvcinquiry@state.gov with all the relevant information (Visa case #, names of beneficiary and petitioner along with dates of birth) requesting the NVC cancel the petition.