I130 filed wrongly as Adjustment Of Status

[Tristan1978 133]

Hi guys,

 

Please help, I have just called the NVC and given them the information from my I797 notice of action, as my i130 was approved on 24th August 2017 (over 9 weeks ago) they said that they have not received any documentation as it has been filed incorrectly as an adjustment of status. They told me to contact the USCIS and tell them that I require consular processing as I’m not in the U.S. 

 

I have just tried 3 times to call the USCIS to inform them but I seem to be going round in circles, nobody seems to know what to do, how can I get the USCIS to send the documents to the NVC for consular processing?  Should I put this back on my lawyer, as they submitted the paperwork incorrectly?  

 

As I’m sure you can all understand this is extremely difficult being stuck in the U.K. away from my wife and family.

 

Many thanks 

Tristan 

[broppy 204]

4 minutes ago, Tristan1978 said:

Should I put this back on my lawyer, as they submitted the paperwork incorrectly?

Yes. If you've already got a lawyer on the case, make him/her work for the money. If you call USCIS yourself, be sure to ask to speak to a tier 2 officer.

 

(And as a life lesson, you don't need a lawyer to file I-130 - unless you have a complicated situation, things often go a lot smoother without one).

[aleful 1,905]

because It was filed incorrectly, if nothing can't be done or uscis won't send it to the nvc

 

unfortunately, you will have to file the form i824 and pay to have the i130 transferred to nvc

[Tristan1978 133]

1 minute ago, aleful said:

because It was filed incorrectly, if nothing can't be done or uscis won't send it to the nvc

 

unfortunately, you will have to file the form i824 and pay to have the i130 transferred to nvc

Ok so this is my lawyers fault as they filed the paperwork, would you know how long this process takes to file the form and get the I130 transferred to the NVC? 

[kris&me 572]

I think this is misunderstanding

the lawyer filed correctly or your case would not have gone to NVC

the I 864 and the DS260 forms are filed as soon as NVC assigns your new case number and bills the 2 fees

then the USC can fill out the forms online for visa applicaiton and affidavit of support

NVC will then inform u of any any documents they need and give u a bar coded letter to send back with the UK criminal investigation report and any othe they need

collect all and do in 1 mailing with bar code sheet

include the NVC # ,,  both names and both DOB's in the upper right hand corner of each and every document page (NVC looses things)

ask your lawyer / he should have gotten the notice and new case number / lawyers are not fast to do paperwork unless their tickle system works good

[Tristan1978 133]

5 minutes ago, kris&me said:

I think this is misunderstanding

the lawyer filed correctly or your case would not have gone to NVC

the I 864 and the DS260 forms are filed as soon as NVC assigns your new case number and bills the 2 fees

then the USC can fill out the forms online for visa applicaiton and affidavit of support

NVC will then inform u of any any documents they need and give u a bar coded letter to send back with the UK criminal investigation report and any othe they need

collect all and do in 1 mailing with bar code sheet

include the NVC # ,,  both names and both DOB's in the upper right hand corner of each and every document page (NVC looses things)

ask your lawyer / he should have gotten the notice and new case number / lawyers are not fast to do paperwork unless their tickle system works good

The NVC have not received my case or any documentation. The NVC asked me to read the first paragraph of the i797 and that it states I wish adjustment of status, however I have been back in the U.K. since January this year, so it looks like my lawyer has filed incorrectly.

[broppy 204]

10 minutes ago, kris&me said:

the lawyer filed correctly or your case would not have gone to NVC

That's the problem, though. OP stated that the case did not go to NVC. 

[broppy 204]

 

34 minutes ago, aleful said:

unfortunately, you will have to file the form i824 and have your lawyer pay to have the i130 transferred to nvc

FTFY

[pushbrk 13,267]

Just a general response.  This might be a correct filing and USCIS made the mistake.  If the I-130 was filed when the foreigner was IN the USA, and the correct boxes were checked and London was filled in correctly, sometimes these bureaucrats just see that the foreigner is IN the US and don't look further.  This is why I recommend that unless the foreigner is going to be visiting for more than a few more weeks, complete the I-130 as if they are gone and don't file the petition until they are gone.

[NikLR 13,232]

If the beneficiary is not in the USA then this a common USCIS error.  The petitioner needs to call the USCIS and speak to an ISO or tier 2. They can see more than the CSR and see if the I-130 was sent to the NRC (national records center) and have it forwarded to the NVC.  You should not need to file an I-824 unless it's been a year.  

[mmoraila 1]

Hi OP, was this issue ever resolved? I just received a NOA2 with the same information, even though my husband is abroad and he is not applying for adjustment of status. I filed everything correctly and stated that we needed consular processing and that we would not be applying for adjustment of status (I saved a copy of our petition, just reviewed it, and confirmed we filed it correctly).

Did you have to end up paying the fee and filing the form i-824 or how was this resolved? I really do not want to have to do this as it was USCIS' mistake!