Complicated AOS, I130 approved but spouse in US on B2 Visa, Please help

[aa6587 0]

This is a bit complicated and the petitioner is stressing out. Petitioner (US Citizen) applied for his wife's visa while she was abroad in her home country, she came to US to meet him on B2 (visitor visa), he received a response and I130 is approved, now he has to send her I-485 and rest of the required forms and he's not sure if this is the right way or if anything else is needed since the case was filed while she was abroad and went to consulate, she's still living with him in US. He has I-485 ready along with the approval notice if I-130, is there anything else needed? for example what if the case is in the embassy abroad and they don't have her information. , again, I-130has been approaved and a stand alone I-485 has to be sent to Chicago Lockbox, but he just wants to make sure if he's doing everything right.

I've searched the forum and looks like this is quite unique, hopefully someone can prove me wrong.

Much thanks!

[Darnell 8,478]

The approved I-130 will not go to the embassy abroad,

unless, and until,

all Doc Intake and fee payment at NVC occurs.

It smells like that not happen.

What I recommend?

Take the approval notice (photocopy), the I-485, I-864, a coverletter explaining the change, and send it off to the address listed in the NOA-1.

You are changing from Consular Processing Abroad to Adustment of Status within the USA.

Go Get Em, and Good Luck !

[ps to anyone reading this - this exact scenario is allowed by USCIS]

[NikLR 13,227]

~~moved from IR1/CR1 process and procedures to AOS from student, work, and tourist visas~~

[Boiler 45,486]

Seconded

[aa6587 0]

Thanks a lot for the reply!

The NOA states 'The above petition has been approved (I-130). We have sent original Visa petition to Department of State National Visa Centre (NVC) 32 Rochester Avenue, Portsmouth, NH 03801-2909" ...So you're suggesting that instead of sending it to Chicago Lockbox (where it's suppose to go), i should send the whole package (I-485 and everything) to this above address? This has really thrown me, i hope i don't make a mistake, that would be going against the instructions, should i really do that?

Edited December 24, 2014 by aa6587

[Hypnos 6,576]

You were pursuing an immigrant visa, which in the normal scenario would be 1) approval at the USCIS petition level, 2) the NVC stage, 3) interview at the embassy. You can either continue on this track - in which case do not send the I-485 or anything else to USCIS whatsoever - or you can change tracks to adjustment of status. Upside of adjustment of status: your spouse could remain in the US until their application was adjudicated. Downside: they cannot work or travel internationally for approximately 90 days after sending the I-485 to USCIS.

It's up to you which track you pursue. You started on the immigrant visa track, but it sounds as if you wish to change to the adjustment of status track. If you do wish to pursue AoS then follow this guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2 but in lieu of an I-130 you would instead substitute a copy of the I-130 approval notice for the petition you've already filed.

You can also consult the FAQ for AoS here: http://www.visajourney.com/forums/topic/504257-general-faq-filing-for-adjustment-of-status/

Edited December 24, 2014 by Hypnos

[aa6587 0]

I am sending them a copy of approval notice of I130 with I-485, and as Darnell suggested, i may also write them a letter explaining this, but the question is, whether i should send the package to Chicago Lockbox (correct office for normal filling) or as Darnell suggested send them to the address on NOA (approval of I130) which would be :Department of State National Visa Centre (NVC) 32 Rochester Avenue, Portsmouth, NH 03801-290.

[Darnell 8,478]

Thanks a lot for the reply!

The NOA states 'The above petition has been approved (I-130). We have sent original Visa petition to Department of State National Visa Centre (NVC) 32 Rochester Avenue, Portsmouth, NH 03801-2909" ...So you're suggesting that instead of sending it to Chicago Lockbox (where it's suppose to go), i should send the whole package (I-485 and everything) to this above address? This has really thrown me, i hope i don't make a mistake, that would be going against the instructions, should i really do that?

I'm sorry, if you are seeking advice here, please understand what the acronyms mean, in the stuff that I wrote.

I never said to send anything off to NVC. Never.

[Darnell 8,478]

I am sending them a copy of approval notice of I130 with I-485, and as Darnell suggested, i may also write them a letter explaining this, but the question is, whether i should send the package to Chicago Lockbox (correct office for normal filling) or as Darnell suggested send them to the address on NOA (approval of I130) which would be :Department of State National Visa Centre (NVC) 32 Rochester Avenue, Portsmouth, NH 03801-290.

I wrote - use the address on the NOA-1. Find yer NOA-1, and use it.

NOA-1 = I-130 receipt notice.

NOA-2 = I-130 approval notice

they are not the same things.

But - the more I think about this - you should use the intake address , instead, listed in the Adjustment of Status Instructions, ie - for a packet that is NOT a standalone I-130 - so if you are following

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

you'll see the link for the chicago lockbox - let me recheck it for you -

in the If you are filing Form I-130 with Form I-485, and you live in the United States: section at the uscis website, it states to send out to

USCIS

P.O. Box 805887

Chicago, IL 60680-4120

But - what you want to happen, behind the scenes, is the approved I-130 casefile to move from where-ever it is (USCIS, NVC, NRC) into a new queue for Adjustment of Status - sending out stuff will eventually force a casefile movement into where ever the I-485 winds up, and it'll get joined up for further adjudication.

Sorry for the confusion - I never mentioned to send it off to NVC. NEVER SAID THAT !

[aa6587 0]

Darnell,

I was considering the address on the approval notice, which is the one that I mentioned. Now I see Receipt notice address is what you said, I'll have to get that because I don't think they saved it, I was sure the address on both NOA's for i130 would be same...

However, as you said, following the instructions for stand alone I-485, it seems like it should be mailed to Chicago Lockbox. Petitioner will write a letter explaining the change of route. I just want to make sure it won't get delayed, lost or rejected due to this....

Whatever is the right thing to do ill

[Darnell 8,478]

follow these instructions:

If you are filing Form I-130 with Form I-485, and you live in the United States

AND MAKE CERTAIN YOU REREAD IT 9 TIMES, putting pencil to paper, making copious notes.

Not do this? I call yer Mom, and complain to her.

[aa6587 0]

If you are filing Form I-130 with Form I-485, and you live in the United States

I-485 without I130, standalone, no I130.

[aa6587 0]

This is the letter added with the package explaining the change of route and just wondering if it looks good...

I am petitioning for my wife Alien Relative(name), I am sending a copy of NOA approval notice for I-130. However, she is now in US on a B2 Visa, hence the case no longer needs to be sent to consulate abroad. The letter states ‘We have sent the original visa petition to the Department of State National Visa Centre (NVC), 32 Rochester Avenue, Portsmouth, NH 03801-2909”. Following the instructions on I-485, I am sending the package to the Chicago Lockbox as the instructions say, with the copy of NOA approval of I-130 attached with this letter. I want to make sure that the case is transferred back to Chicago Lockbox now that the relative is in US. Following the instructions I have put everything together along with NOA for I130.

[msbau764 245]

The approved I-130 will not go to the embassy abroad,

unless, and until,

all Doc Intake and fee payment at NVC occurs.

It smells like that not happen.

What I recommend?

Take the approval notice (photocopy), the I-485, I-864, a coverletter explaining the change, and send it off to the address listed in the NOA-1.

You are changing from Consular Processing Abroad to Adustment of Status within the USA.

Go Get Em, and Good Luck !

[ps to anyone reading this - this exact scenario is allowed by USCIS]

it sounds shady.

[Darnell 8,478]

I-485 without I130, standalone, no I130.

sorry, doesn't work that way,

as

an I-130 was needed with this type of adjustment.

there's an approved I-130 already, so that's a good thing.

but you must submit to the address I've listed.