Send my file back from NVC to USCIS

[NikLR 13,227]

18 minutes ago, carmel34 said:

Yes, his PD is current, so complete the rest of the NVC forms, send documents, pay fees, then NVC will send his file to the London Embassy and send information to schedule the medical and interview in the UK.  He goes back to the UK before his VWP approved stay ends and waits there to do the medical and interview (should be in the next few weeks, maybe two or three months at the most), then he enters the US on the IR1 and can work immediately (as soon as he gets his SSN).

Doesn't matter that his priority date is current, the OP is now a USC and the file needs to be updated.

 

But you are right that he can file and finish immediately due to that fact.  The OP should ABSOLUTELY not mess with the system right now.  There's no reason to delay his green card just to stay away from the family for a few more months.  He will enter as an LPR and be able to travel and work asap vs waiting 6 months for just EAD!

[payxibka 10,045]

2 hours ago, carmel34 said:

Yes, his PD is current, so complete the rest of the NVC forms, send documents, pay fees, then NVC will send his file to the London Embassy and send information to schedule the medical and interview in the UK.  He goes back to the UK before his VWP approved stay ends and waits there to do the medical and interview (should be in the next few weeks, maybe two or three months at the most), then he enters the US on the IR1 and can work immediately (as soon as he gets his SSN).

You need to understand how to read the visa bulletin.   The first chart is the files they are prepping.   The second chart is the files that are visa eligible for issuance.   Issuance is December 2016

[Liam2021 583]

Contact NVC and ask them change the visa to IR1, then process it with consular processing. It will save you a lot of time and money.

[sherydenise 66]

2 hours ago, payxibka said:

You need to understand how to read the visa bulletin.   The first chart is the files they are prepping.   The second chart is the files that are visa eligible for issuance.   Issuance is December 2016

Yes, agreed. My PD is Feb 2017 and I'm not expecting an interview until April or May as thats when I'm assuming I'll be current. Isn't Chart B only if you apply from within the USA? I'm not 100% sure on that one as I only look at Chart A.

Edit: Ok I'm looking at the VB now so is chart B basically saying before that date you are eligible to submit to NVC once you've received the instructions?

Edited January 19, 2019 by sherydenise

[payxibka 10,045]

6 minutes ago, sherydenise said:

Yes, agreed. My PD is Feb 2017 and I'm not expecting an interview until April or May as thats when I'm assuming I'll be current. Isn't Chart B only if you apply from within the USA? I'm not 100% sure on that one as I only look at Chart A. 

Chart 2- one and the same.   Whether adjusting from inside or interviewing abroad,  still subject to the same quota

[carmel34 3,635]

3 hours ago, payxibka said:

You need to understand how to read the visa bulletin.   The first chart is the files they are prepping.   The second chart is the files that are visa eligible for issuance.   Issuance is December 2016

Sorry payxibka, you are correct, I mis-read the visa bulletin.  OP needs to notify NVC that she is now a USC and upgrade the file from F2A to IR-1 to speed up the process by a few months.  The petition as filed is NOT CURRENT so needs to be upgraded based on her naturalization certificate.  I defer to you and others who are more versed in interpreting the visa bulletin.  I apologize and hope that the OP sends the upgrade request ASAP.

[accumbyte 149]

9 hours ago, carmel34 said:

can work immediately (as soon as he gets his SSN)

@mamaof3!, there is no need to wait for SSN, he can work upon entry with the IR-1 visa; although some users have reported that getting paid is delayed until a SSN is issued. @JFH's personal experience with this:

 

[payxibka 10,045]

5 hours ago, accumbyte said:

@mamaof3!, there is no need to wait for SSN, he can work upon entry with the IR-1 visa; although some users have reported that getting paid is delayed until a SSN is issued. @JFH's personal experience with this:

 

And many employers won't allow you to start until the paperwork is complete.  This will be hit or miss situation.

[NikLR 13,227]

4 hours ago, payxibka said:

And many employers won't allow you to start until the paperwork is complete.  This will be hit or miss situation.

e-verify is down too so that is a hit or miss! 

 

(I had to edit this three times because of the s beside the word hit.... )

Edited January 19, 2019 by NikLR

[Mar and Mur 7]

Hi,

You do not need to stop the I-130 process. keep on following up, your spouse could stay in the US but will need to go back home for interview a immigrant visa. The VWP and the IR1 or CR1 are two different visas to enter the United States, but they have different out come. 

Legally, under the VWP, the length of stay must not exceed 90 days