i130 spousal visa approved, beneficiary in US but NVC appointment in petitioner home country

[sstrickland 4]

Hello. We are a little dismayed. Our i130 was very recently approved. My wife is here in the US and entered legally. We just got our first email from NVC which states in part that her appointment will be scheduled in Tegucigalpa, Honduras (once we pay fees and submit any documents). This comes as a surprise because we have received mail in her name at our home in the US, they know she is here.

 

Is this standard for i130 spousal visa filed when both parties are legally in the US(I am a citizen)? My heart sank when I read the email.

 

Any direction, advise, or knowledge about this would be appreciated. 

[Crazy Cat 41,865]

Not anything to worry about.  Just notify NVC that she is adjusting status inside the US.  NVC has no part in her process since she also filed a concurrent I-485.

Edited August 18, 2021 by Crazy Cat

[Crazy Cat 41,865]

14 minutes ago, sstrickland said:

Is this standard for i130 spousal visa filed when both parties are legally in the US(I am a citizen)? My heart sank when I read the email.

For a spousal visa, this is perfectly normal.......but she filed for adjustment of status, did she not?  She is not going to apply for a visa.

Edited August 18, 2021 by Crazy Cat

[Crazy Cat 41,865]

17 minutes ago, sstrickland said:

This comes as a surprise because we have received mail in her name at our home in the US, they know she is here.

How would NVC know where she is?  They are not part of USCIS.  Either you failed to indicate she would be adjusting status on the I-130  or USCIS incorrectly sent the I-130 forward to NVC.  Either way, just notify NVC that she is adjusting status inside the US.

Edited August 18, 2021 by Crazy Cat

[sstrickland 4]

2 minutes ago, Crazy Cat said:

For a spousal visa, this is perfectly normal.......but she filed for adjustment of status, did she not?  She is not going to apply for a visa.

Yes she did apply for adjustment of status. She has her own separate case number we've been using to track the progress of her i485 on the uscis website. She isn't applying for a visa, she is applying for adjustment of status concurrently with the i130 I did. 

[Crazy Cat 41,865]

Just now, sstrickland said:

Yes she did apply for adjustment of status. She has her own separate case number we've been using to track the progress of her i485 on the uscis website. She isn't applying for a visa, she is applying for adjustment of status concurrently with the i130 I did. 

See my comment above.

[sstrickland 4]

1 minute ago, Crazy Cat said:

See my comment above.

Thank you. The responses came all at once lol

[Chancy 6,241]

5 minutes ago, sstrickland said:

Is this standard for i130 spousal visa filed when both parties are legally in the US(I am a citizen)?

 

Your wife's spousal visa has not been approved.  What you have is an approved I-130 petition.  A petition is not a visa.  The I-130 approval notice you received should have stated that in bold letters.

 

In any case, call NVC to notify them that your wife is adjusting status in the US and that your I-130 petition should be sent back to USCIS to be forwarded to your local field office.

 

[sstrickland 4]

16 minutes ago, Chancy said:

 

Your wife's spousal visa has not been approved.  What you have is an approved I-130 petition.  A petition is not a visa.  The I-130 approval notice you received should have stated that in bold letters.

 

In any case, call NVC to notify them that your wife is adjusting status in the US and that your I-130 petition should be sent back to USCIS to be forwarded to your local field office.

 

Thank you. Yes the i130 approval is not a visa approval. I will do that right now thank you for the help