marraige based green card Transfer case from overseas embassy to uscis America

[rosemeiduo 0]

Hi everyone, we filed our CR1 application in Guangzhou China Sept 2019, I had the interview end of 2019 and I was told to get a joint sponsor during the interview. When we were ready to submit the documents requested in Feb 2020 the embassy has been closed due to the Covid 19.  I came to the US with my tourist visa in March 2020 and planed to go back to China to continue my CR1 visa once the embassy is open. However due to the covid 19 and no flight tickets we decided to do my AOS in the States.  We have submitted our  I458 & i131 & i765 in June with our approval letter of I130 from the embassy, but we were rejected because USCIS cant find our I130.

USCIS told me they cant do anything without complete documents, the embassy told me to contact uscis... I dont know what to do now. I know another girl is in the same situation as me, she's planning to submit the AOS application again with a new I130. Maybe that will work, but are there any better ways? Thank you! 

[NancyNguyen 1,658]

Don't confuse the goverment with another I-130, you need to contact the US consulate to let them know you are in the States now and have all your files transferred back to the USCIS in the US. Then you can adjust your status here.

[rosemeiduo 0]

3 hours ago, NancyNguyen said:

Don't confuse the goverment with another I-130, you need to contact the US consulate to let them know you are in the States now and have all your files transferred back to the USCIS in the US. Then you can adjust your status here.

I emailed 2 times to the US consulate and explained my situation, they replied the same thing. Contact uscis 

[E_pluribus_unum 73]

Hey Rosemeiduo,

The form I-130 is filed through USCIS, not the Embassy. This is why they are telling you to contact USCIS. 

The person who filed the petition would need to contact USCIS by phone or they can log into USCIS.gov and send a message regarding the request. Your best bet would be to call USCIS 1 (800) 375-5283 considering you have stated that USCIS cannot locate your I-130. During the call, you can provide the I-130 receipt number and explain to the agent the situation and they should be able to search their records and/or escalate it. 

 

 

[rosemeiduo 0]

30 minutes ago, E_pluribus_unum said:

Hey Rosemeiduo,

The form I-130 is filed through USCIS, not the Embassy. This is why they are telling you to contact USCIS. 

The person who filed the petition would need to contact USCIS by phone or they can log into USCIS.gov and send a message regarding the request. Your best bet would be to call USCIS 1 (800) 375-5283 considering you have stated that USCIS cannot locate your I-130. During the call, you can provide the I-130 receipt number and explain to the agent the situation and they should be able to search their records and/or escalate it. 

 

 

Hi, thanks for your answer, I did call USCIS 3-4 times, they cant find my I130 receipt number in their system even I provided them my receipt number which is also on my approval letter. 

The reason is because we submitted our paper to the embassy physically in Guangzhou, it's not in the US. Our problem is Guangzhou dont care and just ask us to contact USCIS. I consulted an immigration lawyer before I file my AOS, he said the uscis here will contact guangzhou I just need to include my approval letter in the pacakge, and now the lawyer doesnt have any solution. 

[Just Paul 4,595]

24 minutes ago, rosemeiduo said:

Hi, thanks for your answer, I did call USCIS 3-4 times, they cant find my I130 receipt number in their system even I provided them my receipt number which is also on my approval letter. 

The reason is because we submitted our paper to the embassy physically in Guangzhou, it's not in the US. Our problem is Guangzhou dont care and just ask us to contact USCIS. I consulted an immigration lawyer before I file my AOS, he said the uscis here will contact guangzhou I just need to include my approval letter in the pacakge, and now the lawyer doesnt have any solution. 

Yup seen this once before  . . .    DCF'ed and wanted to adjust from the US.  You need to send USCIS a copy of the Payment Receipt from USCIS Guangzhou along with the Guangzhou case number with the AOS.  Of course that was before an interview and No COVID.  So I'd say a little prayer or whatever too!

[E_pluribus_unum 73]

I guess you could also try to email them at CIS.Guangzhou@uscis.dhs.gov but I assume you’ve already done this? Also might take up to 30 days if you haven’t 

[rosemeiduo 0]

7 minutes ago, Paul & Mary said:

Yup seen this once before  . . .    DCF'ed and wanted to adjust from the US.  You need to send USCIS a copy of the Payment Receipt from USCIS Guangzhou along with the Guangzhou case number with the AOS.  Of course that was before an interview and No COVID.  So I'd say a little prayer or whatever too!

Thanks. I sent my i130 approval letter & interview invitation letter. But I lost my payment receipt... The other girl I know she did send her receipt number and was rejected too...She filed her AOS 2 days before me. 

[rosemeiduo 0]

5 minutes ago, E_pluribus_unum said:

I guess you could also try to email them at CIS.Guangzhou@uscis.dhs.gov but I assume you’ve already done this? Also might take up to 30 days if you haven’t 

Thank you, I did write email to this email address but they told me to leave a message on the  website of the embassy. 

[Just Paul 4,595]

1 hour ago, rosemeiduo said:

Thanks. I sent my i130 approval letter & interview invitation letter. But I lost my payment receipt... The other girl I know she did send her receipt number and was rejected too...She filed her AOS 2 days before me. 

Unfortunately without the receipt you may not get too far. You could try the ombudsman and then the Congressional delegation.

 

1 hour ago, E_pluribus_unum said:

I guess you could also try to email them at CIS.Guangzhou@uscis.dhs.gov but I assume you’ve already done this? Also might take up to 30 days if you haven’t 

The USCIS office is still "temporarily closed" . . .  and will most likely never re-open.