60 days since approval no word from NVC

[S Brennan 20]

4 minutes ago, lady3jane said:

That form is for a lost approval letter NOA2 that you receive from USCIS. They went beyond formal processing times to forward your case to NVC. You did NOT lose your NOA2.  Absolutely wrong information. I am pretty sure about that.  So no, you should totally ignore those tier-1s , they are contractors. Not even trying to request for a tier-2 worked in our case. We have a right to ask for a supervisor. I srongly recommend doing that and keep pushing the senator's office.

 

Also, I have to revise, that link I have referred you to. Those email inquiry addresses are now defunct. see: https://www.ilrc.org/sites/default/files/resources/july_3_revised-cases_with_uscis_and_dhs-june_2019-pg-dg-final.pdf

They say in multiple resources that  involving senator's office is still one of the best bets.

HAH, classic. Well, we really weren't considering filing it anyways, and we are planning to keep calling to ask questions because everytime we call we get a different answer (first time was "it's on its way wait" then "we lost it" then "we never sent it we will forward it shortly" then "actually no decision was made")

 

So who knows. A friend told us to look into I-485. It's pricey, but if we qualify for it, it might be a good way to just let happen the bureaucracy as it may.

 

 

[lady3jane 39]

6 minutes ago, S Brennan said:

 

Lmao seriously who knows at this point. I am both exasperated and amused - I mean, we have to pay 485$ to have USCIS send our petition to NVC when they do it for free all day every day ? Intreresting. Also, that other form takes 3-6 months to process. L O L !

 

We filed with Schumer's office and our representative for Putnam County, so far, nothing, we're writing an email to them today to essentially ask them if they can tell USCIS to forward our petition to NVC for us.

 

There is also a townhall today in NY about the new immigration rules and how it affects working class green card applicants, so we're going to that. The more information the better ! We do wonder if our paperwork is locked down because of it.

Listen. Your approved  I-130 does NOT expire but you have to keep in contact with NVC, keep calling them if they received it. We are on the same boat, NOA1 October 5th, NOA2 May 17th. And, since then, it is nowhere to be found. 

 

That last bit of information that was dieshed out to you by that person is absolutely wrong unless you lost your NOA2 letter. You do not have to pay a dime for USCIS to do what it was supposed to do. 

If you could tell us what exactly was in that response you got , omitting sensitive information, I think that would be helpful. 

 

We are not just unfortunate. This happens to people all the time in every step of the process. You just have to be very very diligent.

[lady3jane 39]

8 minutes ago, S Brennan said:

HAH, classic. Well, we really weren't considering filing it anyways, and we are planning to keep calling to ask questions because everytime we call we get a different answer (first time was "it's on its way wait" then "we lost it" then "we never sent it we will forward it shortly" then "actually no decision was made")

 

So who knows. A friend told us to look into I-485. It's pricey, but if we qualify for it, it might be a good way to just let happen the bureaucracy as it may.

 

 

You can adjust status  after your spouse enters with a tourist visa or if Canada is part of the visa waiver program just walk in. But get this, since your petition I-130  is active, they will probably consider your spouse's request for a tourist visa as an intent to stay. Unless s/he has a solid job and ties at home, there is a good chance that they might reject it or turn him/her back at the border. I would further investigate this to save money and time.

 

That's precisely why we delayed our application so I could seek entering with a tourist visa to defend my thesis. 

 

I understand that they might be inclined to be more lenient to Canada than Turkey. But not without provisions. 

Edited September 5, 2019 by lady3jane
one more crucial information

[S Brennan 20]

2 minutes ago, lady3jane said:

You can adjust status that after your spouse enters with a tourist visa. But get this, since your petition I-130  is active, they will probably consider your spouse's request for a tourist visa as an intent to stay. Unless s/he has a solid job and ties at home, there is a good chance that they might reject it. I would further investigate this to save money and time.

 

That's precisely why we delayed our application so I could seek entering with a tourist visa to defend my thesis. 

 

I understand that they might be inclined to be more lenient to Canada than Turkey. But not without provisions. 

Yes, the only advantage I have in this situation is that Canadians don't need visas for the United States, I am actually already in New York on a visit.

 

Obviously, we would only consider the 485 if a lawyer reviewed our case and deemed us likely to get it. It is no small amount of money !!

[lady3jane 39]

3 minutes ago, S Brennan said:

Yes, the only advantage I have in this situation is that Canadians don't need visas for the United States, I am actually already in New York on a visit.

 

Obviously, we would only consider the 485 if a lawyer reviewed our case and deemed us likely to get it. It is no small amount of money !!

Agreed. I forgot, yes, Canada is part of the visa waiver program. But s/he might have problems on the border. yes, it is even more convoluted and 750 dollars more. And, s/he can't work until s/he gets the green card. I would not risk working under the counter either, because if they find out it is a permanent ban and deportation.

 

   Well, good luck. Please keep us updated, maybe tell us what they told you in the mail exactly? 

 

Please call NVC periodically so that your I-130 does not expire.

Thanks, i will also update as the saga continues.

 

 

[S Brennan 20]

1 minute ago, lady3jane said:

Agreed. I forgot, yes, Canada is part of the visa waiver program. But s/he might have problems on the border. yes, it is even more convoluted and 750 dollars more. And, s/he can't work until s/he gets the green card. I would not risk working under the counter either, because if they find out it is a permanent ban and deportation.

 

   Well, good luck. Please keep us updated, maybe tell us what they told you in the mail exactly? 

 

Please call NVC periodically so that your I-130 does not expire.

Thanks, i will also update as the saga continues.

 

 

Oh yes, I would NEVER work under the counter. I am way too anxious, I actually argued with my husband because I didn't want to bring a meat sandwich across the border and I threw it out instead, haha! I was a flight attendant for 6 years, I don't play with borders.

 

I'll type the body of the letter here :

 

"The status of this service request is :

 

At the time of the approval of the i-130 petition for alien relative, using prima facie evidence provided on the petition, we make an eligibility determination, which determines where to send the petition ; the USCIS Nation Records Center (NRC) or National Visa Center (NVC). This is USCIS policy, and is not an adjudicative decision for future adjustment of status. This policy ensures that the applicant will avoid future expenses, required to have the petition sent to the NVC, if needed.

 

We hope this information is helpful to you."

[lady3jane 39]

6 minutes ago, lady3jane said:

Agreed. I forgot, yes, Canada is part of the visa waiver program. But s/he might have problems on the border. yes, it is even more convoluted and 750 dollars more. And, s/he can't work until s/he gets the green card. I would not risk working under the counter either, because if they find out it is a permanent ban and deportation.

 

   Well, good luck. Please keep us updated, maybe tell us what they told you in the mail exactly? 

 

Please call NVC periodically so that your I-130 does not expire.

Thanks, i will also update as the saga continues.

 

 

haha, I mean you. Sorry, i finally realized you are the beneficiary. lol this is some mind bending bad trip, makes you lose few IQ points along the way. 

[S Brennan 20]

Just now, lady3jane said:

haha, I mean you. Sorry, i finally realized you are the beneficiary. lol this is some mind bending bad trip, makes you lose few IQ points along the way. 

no worries

[lady3jane 39]

14 minutes ago, S Brennan said:

At the time of the approval of the i-130 petition for alien relative, using prima facie evidence provided on the petition, we make an eligibility determination, which determines where to send the petition ; the USCIS Nation Records Center (NRC) or National Visa Center (NVC). This is USCIS policy, and is not an adjudicative decision for future adjustment of status. This policy ensures that the applicant will avoid future expenses, required to have the petition sent to the NVC, if needed.

I made a quick search both within VJ and on google to see what that might mean. No dice so far.  Maybe making a new entry here, crowdsourcing what that means might help. Very mysterious, indeed. 

[realmadrid23 18]

It is almost two months for us after we recieved the NOA-2  and now we havent heard anything from NVC after two months, they recieved our case  on July 23rd. Is somebody else in the same boat?

[lady3jane 39]

10 hours ago, realmadrid23 said:

It is almost two months for us after we recieved the NOA-2  and now we havent heard anything from NVC after two months, they recieved our case  on July 23rd. Is somebody else in the same boat?

we all are and some more. Contact USCIS call center, although my experience was pretty much awful. 

[lady3jane 39]

12 hours ago, S Brennan said:

At the time of the approval of the i-130 petition for alien relative, using prima facie evidence provided on the petition, we make an eligibility determination, which determines where to send the petition ; the USCIS Nation Records Center (NRC) or National Visa Center (NVC). This is USCIS policy, and is not an adjudicative decision for future adjustment of status. This policy ensures that the applicant will avoid future expenses, required to have the petition sent to the NVC, if needed.

 

We hope this information is helpful to you."

 

 

 

1 minute ago, lady3jane said:

There is another tool called e-request acessible through the USCIS  account. We will do that and the senator's office via email/fax. I am totally over with the USCIS call center. They hurt more then help and that legendary Tier-2, which we struggled 6 times to get through, absolutely refused to help us.

 

Concerning this message, i think it is sort of saying that they accidentally sent it to their record keeping facility. Or, they never made copies of it in the first place. I suspect this is our issue altogether.  People in our situation, they lost our case within their system before they could make electronic copies of it.  Why then they don't generate new copies and just send it to NVC?

I really really hope  thats not the case. 

 

 

 

Edited September 6, 2019 by lady3jane
duplicate

[DGF 730]

14 hours ago, S Brennan said:

HAH, classic. Well, we really weren't considering filing it anyways, and we are planning to keep calling to ask questions because everytime we call we get a different answer (first time was "it's on its way wait" then "we lost it" then "we never sent it we will forward it shortly" then "actually no decision was made")

 

So who knows. A friend told us to look into I-485. It's pricey, but if we qualify for it, it might be a good way to just let happen the bureaucracy as it may.

 

 

You can't plan to file I-485 unless you are already in the US. I'm sure you've come across this in your research but if you cross the border with the intent to adjust then that is visa fraud. If USCIS is telling you to file I-824 there's a (small) chance that there's an error in the way your I-130 was filled out that is indicating that you are in the US and will be adjusting status rather than going through consular processing (or for some reason they're interpreting it that way) because that is one of the reasons for filing it and I have seen it happen to people around here. I'd double check and then continue calling until they sort their mess out. We're crossing our fingers that you get this resolved soon!   

[S Brennan 20]

8 hours ago, DGF said:

You can't plan to file I-485 unless you are already in the US. I'm sure you've come across this in your research but if you cross the border with the intent to adjust then that is visa fraud. If USCIS is telling you to file I-824 there's a (small) chance that there's an error in the way your I-130 was filled out that is indicating that you are in the US and will be adjusting status rather than going through consular processing (or for some reason they're interpreting it that way) because that is one of the reasons for filing it and I have seen it happen to people around here. I'd double check and then continue calling until they sort their mess out. We're crossing our fingers that you get this resolved soon!   

Hello!!

 

Yes, I am currently in the US for a visit, I actually have a bus ticket back to Montreal for wednesday, we didn't even know i-485 existed before I got here. We kept calling USCIS to no avail (we keep getting a different story everytime we call) and finally an old distant high school friend of my husband came for dinner and helped us look over the paperwork and suggested i-485. It's all news to us, we are actually looking into getting a lawyer to ask all the questions we have, it's so sudden.

 

I'm also just lost about the i-824, are you saying in your experience around the forum we should file it? Or just wait it out?

[DGF 730]

2 hours ago, S Brennan said:

Hello!!

 

Yes, I am currently in the US for a visit, I actually have a bus ticket back to Montreal for wednesday, we didn't even know i-485 existed before I got here. We kept calling USCIS to no avail (we keep getting a different story everytime we call) and finally an old distant high school friend of my husband came for dinner and helped us look over the paperwork and suggested i-485. It's all news to us, we are actually looking into getting a lawyer to ask all the questions we have, it's so sudden.

 

I'm also just lost about the i-824, are you saying in your experience around the forum we should file it? Or just wait it out?

Oh perfect! From the sounds of it you qualify, but definitely do your research first because it's a big decision to make. We were in a similar situation (found out on a visit that it existed and we qualified) and ultimately chose not to go forward with it but I remember how sudden everything was and how quickly we had to decide and it really threw me for a loop. Whatever you decide will be the right decision for your and your husband  

As for the I-824, do you have your NOA2 handy? If it says that they will be sending it to the NVC then I would absolutely NOT file the I-824 (processing times for it at Texas are currently 8-13 months so avoid it at all costs). The people I've seen on here who have made mistakes in their I-130's had something along the lines of "sent to your local office" instead of NVC, so if your NOA2 says they're sending it to the NVC this should be solvable without having to file the I-824. If you haven't already, and if you decide not to go forward with AOS, I'd get your husband's senator/congressman/the ombudsman involved, if not all three at once, because this is exactly the type of situation that they are there for.