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Loshiel Bose

What to do next after receiving I-797 Notice of Action

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Today I received a letter says I-797 Notice of Action 

Notice Type: Approval Notice 

Section: Unmarried child (under age 21) of U.S. Citizen, 201(b) INA

 

I do not know what to do next? what will be the next step? 

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39 minutes ago, USS_Voyager said:

Is the child in the US currently?

no, he is still in the Philippines never been in the U.S. all I want to get him is a visa to come here before he riches 18 or 21.

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Filed: F-2A Visa Country: Nepal
Timeline

Can you check what you put in Part 4 item 61 and 62?

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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9 minutes ago, Loshiel Bose said:

no, he is still in the Philippines never been in the U.S. all I want to get him is a visa to come here before he riches 18 or 21.

Then it appears that there is some confusion. In your notice, they said they think the child is in the US and need to file Adjustment of status, which is not the case, according to you. 

 

So I think you have to call USCIS, and see if you can request them to send the petition to the NVC instead. Just say they made a mistake, the beneficiary is not in the US, please send the petition to the NVC. Try that first. Because if that doesn't work, you have to file the I-824 like they indicated, which will take more time. 

Edited by USS_Voyager
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Filed: Citizen (apr) Country: Australia
Timeline
29 minutes ago, Loshiel Bose said:

no, he is still in the Philippines never been in the U.S. all I want to get him is a visa to come here before he riches 18 or 21.

Hopefully you kept a copy of the I 130 that you submitted. As already  suggested, look at what you put in Part 4 61 and 62.  That will tell you if you made the mistake on your form, or if USCIS did .. then call USCIS and discuss the next step based on what happened. 

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2 hours ago, USS_Voyager said:

Then it appears that there is some confusion. In your notice, they said they think the child is in the US and need to file Adjustment of status, which is not the case, according to you. 

 

So I think you have to call USCIS, and see if you can request them to send the petition to the NVC instead. Just say they made a mistake, the beneficiary is not in the US, please send the petition to the NVC. Try that first. Because if that doesn't work, you have to file the I-824 like they indicated, which will take more time. 

yes And I already paid the I 13O which $535...then if I filed the I 824 It mrans I have to pay again $465 its not fair...I needed to do your suggestion..I think they're confused and then I might mdae a mistake on filing out my I 130 form they might think my child is here already which is not.

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6 minutes ago, Loshiel Bose said:

yes And I already paid the I 13O which $535...then if I filed the I 824 It mrans I have to pay again $465 its not fair...I needed to do your suggestion..I think they're confused and then I might mdae a mistake on filing out my I 130 form they might think my child is here already which is not.

Well, if it’s your mistake you can’t say it’s “not fair” for them to follow procedure. You can try voyager’s suggestion above to play on their sympathy. If it’s their mistake obviously you don’t need to pay.

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