NVC Processing of a petition F2A

[MIAInfo 0]

Hello All,

I was hoping you can help me with my matter, as it seems you are in a similar process.

I petitioned and file an I-130 for my husband as a US Resident (myself), our PD is May 7, 2014 and it was approved on September 2014. At the time we were living abroad, so we chose a Consular Processing on the application. In July of last year we moved back to the US, where he is currently studying and have a Student Visa, so we though to do an Adjustment of Status here. I know that in order to that, the PD has to be current, which is still not (is around Aug 2013).

On May 12, we received a letter from NVC saying that hey received our petition from USCIS and will continue completing the case until visa interview. We were surprised since the priority date is not yet close. So, we went to a lawyer and he was not too clear about what to do, he said to wait for the PD to be current and do an AOS. And also told us that the NVC will also wait for the PD to be current to process documents... which seems odd as per this letter (which I think you have received as well).

I called NVC as you need (as per their website) notify them if doing an AOS, when I called them they told me to call USCIS to see if I could do an AOS and that they would take care of it. I called USCIS and they have told me that is up to us to decide, that we could do either way... that left us even more lost.

So, we decided to go ahead and do Step 1 (choose an agent) as per the NVC letter. Two days later, we were able to Pay Fees for the Affidavit of Support, and sent the AOS via UPS and arrived today 6/9/15. Our payment still shows as in-process, I guess they would allow us to pay for the IV fee? and then submit the documents, we are not that clear how to proceed.

Saying ALL this... would this mean that our process may be faster doing the consular processing? Have you gone through all these steps? Do NVC really wait for the PD to be current, or they work differently?

I would really appreciate your help on this matter!

[jysjin 0]

NVC treats your case as normal. Normally NVC will start processing a case whose PD will become current in 5-7 months. This will give the petitioner and applicant have enough time to make payments and prepare documents.

My advise is to follow NVC process which will be quicker.

[MIAInfo 0]

NVC treats your case as normal. Normally NVC will start processing a case whose PD will become current in 5-7 months. This will give the petitioner and applicant have enough time to make payments and prepare documents.

My advise is to follow NVC process which will be quicker.

Thanks for your reply and advice! We have proceed with the payment of the AOS and sending the AOS as well. As of now, if does not allow us to do anything else.

I am not sure if further links and/or IV fees are activated as they process the AOS, but I guess we have to play it by ear as we are new on this.

Thanks!

[fellaamazing 72]

Yes, do the NVC!

Your spouse will have to go to the country of citizenship or permanent residence for interview.

Adjustment of status might save you cost, vacation, police certificate, and may be even interview. But it takes about a year to process.

[MIAInfo 0]

Yes, do the NVC!

Your spouse will have to go to the country of citizenship or permanent residence for interview.

Adjustment of status might save you cost, vacation, police certificate, and may be even interview. But it takes about a year to process.

Thank you! We'll do that!