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MassMoose

Will I-485 be delayed because approved i-130 is at NVC?

By MassMoose in Adjustment of Status Case Filing and Progress Reports

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MassMoose Apprentice

MassMoose   0

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Filed: IR-1/CR-1 Visa Country: Israel
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Hi all, hope someone can help. I just filed for Adjustment of Status for my husband, who was here on a B-2 visa. We were stuck at NVC and decided we did not want to go to his home country as a family, where I was living for the past 3 years. (I am a USC). All the paperwork seems to be in check, and USCIS gave go ahead for the AOS.

My question is as follows: Does adjudication of the i-485 require that the i-130 file at NVC be matched even though I am approved. Isn't the NOA2 for the I-130 enough to prove a bona fide marriage.. (Hmmm perhaps not), Would welcome any insight. Thanks!

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Boiler Grand Master

Boiler   45,525

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Filed: K-1 Visa Country: Wales
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What do you mean by USCIS gave the go ahead?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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TBoneTX Grand Master

TBoneTX   45,304

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Filed: Citizen (apr) Country: Ecuador
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Posted (edited)

*** Thread moved from CR-1 Process forum to the Case Progress subforum of "Adjustment of Status from Work, Student, & Tourist Visas." ***

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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MassMoose Apprentice

MassMoose   0

Posted
Filed: IR-1/CR-1 Visa Country: Israel
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Posted

Ah yes, sorry for being vague. When a case is at NVC and the petitioner states either in writing or otherwise, that the beneficiary is in the U.S. and would like to Adjust Status, NVC suggests the following: "Please contact USCIS immediately in order to ensure that the beneficiary is eligible for adjustment of status." By writing go-ahead in my post, I simply meant a phone call to USCIS and questionnaire from an officer deemed my spouse eligible for Adjustment of Status.

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MassMoose Apprentice

MassMoose   0

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Filed: IR-1/CR-1 Visa Country: Israel
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I'll rephrase the question. Does a standalone i-485 take more time to approve than concurrent i-130/i-485. Does USCIS need to joiin both files, therefore request my already approved i-130 back from NVC. Any insght would be sincerely welcomed! Cheers!

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