Got welcome email from NVC, Trying to do adjustment of status

[ali1365 4]

Hey Guys

I got an email from NVC yesterday which was welcoming letter to start processing my application. they said I need to fill out the applications and pay the fees to get the interview. However, since I live in USA, I need to do adjustment of status by USCIS as they mentioned in NVC website.

So my question is should I call NVC or USCIS to let them know I am doing adjustment of status? Since my PD is on March 27, 2014 can I fill out the I-485 form now or should I wait? Since my pd would be current in few months I dont want to miss the time and I want to do all the things like fingerprint and medical exam before my Pd gets current.

Please help,

Thank you!

[Hypnos 6,576]

What is your current status? Who has filed for you?

You cannot file an I-485 until your priority date is current.

Edited April 4, 2015 by Hypnos

[ali1365 4]

my current status is F-1 student visa and I filled the forms out by myself.

I know I cant file i-485 until my pd is current but I want to do medical exam at least before preparing for adjustment of status. making an appointment for medical exam could take months and i think it is better to do it soon. my pd should get current in few months.

By the way, NVC asked me to send them the corresponding forms and fees, however in their website it is mentioned to whom they want to do adjustment of status, it is necessary to let NVC know about their case.

Edited April 4, 2015 by ali1365

[Hypnos 6,576]

You should tell the NVC that it is your intention to file for AoS once your priority date is current, certainly. You just can't actually file until it happens, though.

Given that I-693 medicals are now only valid for one year in a best-case scenario, there is no real advantage to getting it done early; this is doubly true with you being from Iran, as you may encounter stateside administrative processing that could add months to the timeline of your I-485, once you file it.

Edited April 5, 2015 by Hypnos

[ali1365 4]

Thank you hypnos! I will try to wait a little bit more. Though I will try to contact USCIS and NVC to know what should I do and when.

[ali1365 4]

You should tell the NVC that it is your intention to file for AoS once your priority date is current, certainly. You just can't actually file until it happens, though.

Given that I-693 medicals are now only valid for one year in a best-case scenario, there is no real advantage to getting it done early; this is doubly true with you being from Iran, as you may encounter stateside administrative processing that could add months to the timeline of your I-485, once you file it.

Not sure what do u mean by stateside administrative processing. The time when I applied for US visa, I got it in two weeks abd I have been living in the US for almost three years as a graduate student and research assistant in university. I think being Iranian has nothing to do with this.

[Hypnos 6,576]

http://travel.state.gov/content/visas/english/general/administrative-processing-information.html

Administrative Processing was introduced by the PATRIOT Act, and is basically terrorism checks. It is predominantly performed on people holding citizenship from Middle Eastern countries, India, Pakistan, and countries such as Iran, a regime hostile to the US.

Not saying that will happen to you, but it might. If you got your F-1 without issue then that's a good indicator, but it's certainly no guarantee.

Edited April 5, 2015 by Hypnos

[ali1365 4]

http://travel.state.gov/content/visas/english/general/administrative-processing-information.html

Administrative Processing was introduced by the PATRIOT Act, and is basically terrorism checks. It is predominantly performed on people holding citizenship from Middle Eastern countries, India, Pakistan, and countries such as Iran, a regime hostile to the US.

Not saying that will happen to you, but it might. If you got your F-1 without issue then that's a good indicator, but it's certainly no guarantee.

No one can say terrorism check to any other country. So this has never been the case neither for Iran nor any other country in middle east. Though, USA has FBI police clearance check which basicaly is for all people. There might be a chance that for some countries this process would take some time but dont get confused by terrorism check which has never exist. This is totally againts the human right and accusing People of some countries(!!!!) to be terrorism and American government knows that. So dont listen everything that medias say!

Many of my Iranian friends get their Visa in their interview right away and many of them here got their green card through adjustment of status in just 3,4 months. Even they got their citizenship (when eligible) in less than 6 months. My wife who is also Iranian got her visa at the same day of her interview in us embassy at turkey.

Anyway, thank you for your help.

[Hypnos 6,576]

Administrative Processing is mostly terrorism checks. Whether you believe it or not, that's what it is.

If you search Administrative Processing on these forums you will find scores of people who have been affected, most of them from the regions I mentioned. Most AP is cleared in a few weeks; in some cases it can take a few months; and very rarely it can take years. I have read of a couple of cases here where the wait due to AP was 5+ years; I believe in both of those cases the beneficiary was from Pakistan.

Edited April 5, 2015 by Hypnos

[Darnell 8,478]

Hey Guys

I got an email from NVC yesterday which was welcoming letter to start processing my application. they said I need to fill out the applications and pay the fees to get the interview. However, since I live in USA, I need to do adjustment of status by USCIS as they mentioned in NVC website.

So my question is should I call NVC or USCIS to let them know I am doing adjustment of status? Since my PD is on March 27, 2014 can I fill out the I-485 form now or should I wait? Since my pd would be current in few months I dont want to miss the time and I want to do all the things like fingerprint and medical exam before my Pd gets current.

Please help,

Thank you!

is your spouse a uscitizen?

if yes, get the I-485 in now.

if no, wait until yer PD is current, then file the I-485. Before then, you must maintain yer current visa status. Can't do it? You must leave USA, then proceed with further NVC Processing.

as to NVC, you can ignore them for now, up to 6 months or so.

When the I-485 hits USCIS, the casefile will be moved from NVC into USCIS.

[ali1365 4]

is your spouse a uscitizen?

if yes, get the I-485 in now.

if no, wait until yer PD is current, then file the I-485. Before then, you must maintain yer current visa status. Can't do it? You must leave USA, then proceed with further NVC Processing.

as to NVC, you can ignore them for now, up to 6 months or so.

When the I-485 hits USCIS, the casefile will be moved from NVC into USCIS.

My wife is permanent resident, but she will apply for citizenship next year. I can stay in the US for at least two years (by the time I finish my PhD) and then I will be here for work, however, I think I can get my green card in less than a year (if everything goes normal).

As you said I will wait until my Pd gets current (most probably in less than 6 months) and then I will let NVC know that I am doing adjustment of status by USCIS.

[Darnell 8,478]

You don't have to let nvc know, as when you file the i-485 with copy of i-130 approval notice, uscis moves the casefile.

i did mention 6 months at nvc,

but note if you not contact nvc after 1 year, casefile might get moved to dead stoage, administratively closed for consular visa processing.

[rprp123 3]

I am in the same boat. I am already living in US with Student Visa since last 4 years and I am married to LPR. I filed I-130 in May 2014. My case got approved in Mar-2015 and Now I have received a letter from NVC saying "Your interview will be scheduled in Mumbai OR US Embassy".

I called NVC to tell them I will be adjusting status when my PD gets current but they told me call USCIS to let them know (which I already told them in I-130). So, I called USCIS, but they don't want to listen to me.

Should I pay AOS (affidavit of support) fees and VISA fees? Though NVC website clearly says you should not pay any fees to NVC if you will apply of "adjustment of status", When I called NVC, operator said you should pay all fees stated in letter because many people do this.

I don't know what to do? and How tell NVC to stop processing my case for consular processing.

[Hypnos 6,576]

Don't pay the fees = NVC will stop processing your case.

If you intend to file for AoS then you should not pay any fees to the NVC. When you submit your I-485 and include a copy of your already-filed I-130 NOA, USCIS will request the approved I-130 back from the NVC themselves.

[musicum 0]

Hypnos, you seem to be very informed. I have a question. What are the consequences of filing I-485 before the PD become current?

I am in a similar situation. I received a welcome letter from USCIS about a month ago asking to submit all the documents and pay fees so that they can schedule in interview in my country. I have been living in the US legally (F1 visa) for almost 11 years though. So I am assuming I am eligible to apply for adjustment of status. My PD is April 2008 and I am applying as un unmarried son/daughter of a US citizen.

I was so happy to received the letter and prepared all the documents necessary. But it looks like I will have to wait because USCIS is processing now people whose priority dates are before Sept 2007.

Please you or someone else reply if you can.

Thank you.