NVC Cross chargeability error

[jimmyrock 0]

Hi all,

 

I know most here are K-1 or IR-1 applicants but I'm hoping you can help me with my situation.

 

I am on H1b in US (Indian born) and got married on 10/2019 in New York. My wife is UK born and lives there.

Following my lawyer's advice, we filed for my I-140 AFTER we got married and indicated to have our consular processing interview in London due to the Cross-chargeability rule.

- We got I-140 approved in 11/2019 with priority date of 02/2019

- For Consular processing, the next step was NVC. They asked for all documents and we got DQ'd in 02/2020.

- Then came covid and we waited until the US embassy in UK reopening this year.

- As we heard there were people here DQd in 10/2020 and getting their interviews, I got worried so called NVC. 

- The low level employee there told me that my case is awaiting interview in BOMBAY!! I was shocked and then I saw my case number was BMB2019xxx (I didn't realize the 1st three letters was consulate name). I told her that this is a NVC mistake and need to change to London but she kept telling me that I need to send email with appropriate documents to change our consulate.

- My lawyer then send another email to asknvc to correct the error and expedite the case as it was NVC's error.

- We didn't hear anything for 2 weeks.

- I then sent another email to ATTN PI Supervisor and finally heard back after a week but they replied

Quote

We are unable to reassign this case to a different U.S. Embassy/Consulate General without additional information

My lawyer had already sent all the necessary documents including my spouse's birth certificate, passport, our marriage certificate etc when we originially sent all the documents.

He sent another response via the required form again this week but I am not sure that will help.

 

Is there anything else I can do to explain NVC the cross-chargeability rule? I don't know if its their issue or USCIS who forwarded our file? The BMBxxx case number gets assigned by NVC so in my mind its their fault.

 

[arken 4,197]

Did you mean i-130? Or it's actually i140 EB based?

Edited June 10, 2021 by arken

[jimmyrock 0]

No it is I140 as I'm applying green card via my employer. But the processing itself is consular (instead of AOS which is typical for H1b).

[arken 4,197]

Yeah USCIS has nothing to do with crosschargeability since its not an AOS case. NVC assigns the embassy/consulate and only they can change it. It seems your lawyer needs to step up in terms of providing a good documents to NVC with explanation of crosschargeability as NVC seems to be not good at using that policy. You and your lawyer both communicating with NVC individually will only delay the process.