approve i-130, what's next?

[anna galacs 6]

Hi, our case was recently approved by the USCIS. But we don't know what next steps to do.  This is their email to us:

 

The above petition has been approved. However, you indicated on the petition that the beneficiary intends to apply for an immigrant visa abroad at a U.S. Embassy or a U.S. Consulate and will also apply for adjustment of status in the United States. Since you have indicated both options, USCIS has retained the petition.

 

If the beneficiary intends to apply for adjustment of status in the United States, they should submit a copy of this notice, along with a Form I-485, Application to Register Permanent Residence or Adjust Status. They can obtain Form I-485 from the USCIS website at www.uscis.gov, by contacting the USCIS National Customer Service Center (NCSC) at 1-800-375-5283, or by visiting the local USCIS field office. Filing address information can be found on the USCIS website at www.uscis.gov.

 

If the beneficiary decides to apply for an immigrant visa outside the United States based on this petition, you should file Form I-824, Application for Action on an Approved Application or Petition, to request that we send the petition to the U.S. Department of State National Visa Center (NVC).

 

The NVC processes all approved immigrant visa petitions that require consular action. The NVC also determines which consular post is the appropriate consulate to complete visa processing. It will then forward the approved petition to that consulate.

 

The NVC will contact the beneficiary of this petition with further information about immigrant visa processing steps.

 

Me and my daughter are still in the Philippines and we've never to America. My husband is a green card holder. What's the next step that we should do? Should we file for the i-824, we're not sure if our case is also sent to the NVC. Hope you can help me. Thank you!

[Daphne . 1,866]

Both options were checked, but it should either be from inside of the US (adjustment of status) or outside of the US. You can’t select both so now they want to know which option applies to you.

 

Edit; I missed the last part of your post. You are still in the Phillipines so follow the guidelines for  ‘outside of the US’

Edited July 7, 2022 by Daphne K

[anna galacs 6]

My husband is currently in the US, he's a green card holder. We're doing the spousal visa (CR-1/IR-1). I-130. Does it mean that our case is not yet sent to the NVC? We're unsure if we should file for I-824. Or if we will should apply for i-485?

[Daphne . 1,866]

2 minutes ago, anna galacs said:

My husband is currently in the US, he's a green card holder. We're doing the spousal visa (CR-1/IR-1). I-130. Does it mean that our case is not yet sent to the NVC? We're unsure if we should file for I-824. Or if we will should apply for i-485?

The I 824, because you are outside of the US.

I-485 would apply if you (the beneficiary) were adjusting status from inside the us 

[anna galacs 6]

Thanks so much! So after filling the I-824, the USCIS will then forward our case to the NVC? 

[Family 3,995]

5 minutes ago, anna galacs said:

Thanks so much! So after filling the I-824, the USCIS will then forward our case to the NVC? 

After filing the I-824 , unfortunately you will have to wait a few months for it to be approved before it gets sent to NVC .

This is clearly a terrible mistake by the person who filled out the I-130 ( am assuming your husband paid someone other than an attorney/accredited representative)..and it’s causing you unnecessary delays. He should definitely bring it to their attention and get money back or file a complaint.
 

 

[anna galacs 6]

Oh I see, actually it's my husband who filed it    He assumed that its the form to use once I entry US. Usually how many months does it take before it gets approved and sent to NVC?

[Family 3,995]

4 minutes ago, anna galacs said:

Oh I see, actually it's my husband who filed it    He assumed that its the form to use once I entry US. Usually how many months does it take before it gets approved and sent to NVC?

Oops! Then please don’t be upset, it’s not a simple process and more importantly, he got it Approved. 
Maybe 3 to 6 months , a guesstimate:https://egov.uscis.gov/processing-times/ 

[anna galacs 6]

No worries!  Thank you so much for this!! Really appreciate it

[Chancy 6,241]

*** Moved from Bringing Family of USC to Bringing Family of LPR forum -- petitioner is a GC holder ***

 

[powerpuff 6,712]

~~ Duplicate thread removed. Please do not start multiple threads asking same or related questions as that’s considered spamming ~~
 

13 minutes ago, anna galacs said:

 

My husband is a green card holder. He filed for i-130 for me and my daughter. Problem is that he checked both AOS in the US and the Consular one.  Do we need to file i-824 or will it be sent to the NVC automatically? We're really unsure of the next steps to do.  My daughter and I don't have visas and have never been to US. Hope you can help us. Thanks

As indicated in their email to you, it won’t be sent automatically to NVC. You need to file I-824 to get them to do that 

Edited July 12, 2022 by powerpuff

[anna galacs 6]

1 minute ago, powerpuff said:

~~ Duplicate thread removed. Please do not start multiple threads asking same or related questions as that’s considered spamming ~~
 

As indicated in their email to you, it won’t be sent automatically to NVC. You need to file I-824 to get them to do that 

Thanks so much. Sorry for the duplicated thread. We're really confused now because he spoke to an attorney in their area yesterday. They told him to come back again and file the i-824 in their office (I think they're the ones who's gonna file it to USCIS?), he came back today and now they said that we don't need to file anything since it's already approved and i-824 is for lost approval notice. That really got us confused

[Villanelle 4,122]

14 minutes ago, anna galacs said:

Thanks so much. Sorry for the duplicated thread. We're really confused now because he spoke to an attorney in their area yesterday. They told him to come back again and file the i-824 in their office (I think they're the ones who's gonna file it to USCIS?), he came back today and now they said that we don't need to file anything since it's already approved and i-824 is for lost approval notice. That really got us confused

The instructions for the form explain there are various reasons why one would file it. I believe your reason is listed as #5

 

Who exactly did your husband talk to about this? An attorney? Their secretary? Whomever it was they don't know what they are talking about and he should find reputable assistance elsewhere. He can also file it himself. 

[powerpuff 6,712]

39 minutes ago, anna galacs said:

Thanks so much. Sorry for the duplicated thread. We're really confused now because he spoke to an attorney in their area yesterday. They told him to come back again and file the i-824 in their office (I think they're the ones who's gonna file it to USCIS?), he came back today and now they said that we don't need to file anything since it's already approved and i-824 is for lost approval notice. That really got us confused

@Villanelle is correct, if you look at I-824 instructions it indicates several reasons one would file and yes, your falls under #5 on that list. 
 

We often see very poor advice coming from attorneys here. If they don’t know basic information like that (that I-824 is not just for lost notices), I would certainly not retain them.

[anna galacs 6]

23 minutes ago, Villanelle said:

The instructions for the form explain there are various reasons why one would file it. I believe your reason is listed as #5

 

Who exactly did your husband talk to about this? An attorney? Their secretary? Whomever it was they don't know what they are talking about and he should find reputable assistance elsewhere. He can also file it himself. 

Thank you so much for this! Thanks for for helping us sort this out ☺️