I-130 Approved, but confused about instructions

[smokeface 17]

Hello,

 

I have filed form I-130 to get my step son to the United States. 

 

We received an approval letter and the instructions seem odd to me.

 

The letter states that the petition has been approved, however, I 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 I indicated both options, USCIS has retained the petition. 

 

What do I do now? Do I have to file form i-485 before he can even come here? 

 

We have waited 10 months for this petition and now we will have to wait who knows how long for the next one? 

 

I thought this petition would allow him to get a visa and come here then we will do the adjustment of status after he was here.

 

[smokeface 17]

I went back and looked at the application and see the issue. I did indeed indicate that he was already in the US and would apply for adjustment of status and also said he was abroad and would apply for a visa then apply for adjustment of status when hes in the US. 

 

How can I fix this? I really hope I don't have to do the petition all over again. 

[marriedtomrg 141]

Guess the main question is: where is your stepson now? Is he out of the U.S. or is he in the U.S.?

[smokeface 17]

1 minute ago, marriedtomrg said:

Guess the main question is: where is your stepson now? Is he out of the U.S. or is he in the U.S.?

Sorry, he is outside the US.

[marriedtomrg 141]

6 minutes ago, smokeface said:

Sorry, he is outside the US.

Ok, my thinking here is if USCIS thought your stepson is in the US, you would have already submitted the I-485 with your I-130 from the beginning. 

 

They got to the end of processing and approved your I-130 without asking for anything else from you...right?

 

In that case, then now you just have to wait to get to the NVC stage (Part 2) and prepare for him to go through his local emabssy for visa processing (Part 3).

 

Congratulations on getting approved.

[smokeface 17]

15 minutes ago, marriedtomrg said:

Ok, my thinking here is if USCIS thought your stepson is in the US, you would have already submitted the I-485 with your I-130 from the beginning. 

 

They got to the end of processing and approved your I-130 without asking for anything else from you...right?

 

In that case, then now you just have to wait to get to the NVC stage (Part 2) and prepare for him to go through his local emabssy for visa processing (Part 3).

 

Congratulations on getting approved.

Unfortunately I have done some more research and it doesn't seem that simple. I read that I need to fill out form I-824 to indicate I want the petition sent to NVC. That is another $465 fee and more importantly probably another year of waiting for them to actually review. I am absolutely gutted right now that such a simple mistake has cost us so much time. It is so unfair that this mistake isn't able to to be rectified in an easier way. All I need for them to do is send the petition to NVC. 

[Rocio0010 5,579]

8 minutes ago, smokeface said:

Unfortunately I have done some more research and it doesn't seem that simple. I read that I need to fill out form I-824 to indicate I want the petition sent to NVC. That is another $465 fee and more importantly probably another year of waiting for them to actually review. I am absolutely gutted right now that such a simple mistake has cost us so much time. It is so unfair that this mistake isn't able to to be rectified in an easier way. All I need for them to do is send the petition to NVC. 

Your profile says K1. Was he a K2?

[smokeface 17]

26 minutes ago, Rocio0010 said:

Your profile says K1. Was he a K2?

No we tried follow to join but messed that up as well. It was a unique situation where she was in Japan and he was in the Philippines and we didn't have the case transferred to PI on time. So we waited a little longer. Then COVID happened and we didn't file for him until Jan this year. 

[Mike E 11,739]

2 hours ago, smokeface said:

The letter states that the petition has been approved, however, I 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 I indicated both options, USCIS has retained the petition. 

By checking both options, what were you expecting to happen?

 

38 minutes ago, smokeface said:

I read that I need to fill out form I-824 to indicate I want the petition sent to NVC.

Correct.

[smokeface 17]

1 minute ago, Mike E said:

By checking both options, what were you expecting to happen?

 

Correct.

I'm assuming I just misunderstood and thought it was asking for the location he would go to when we do the adjustment of status. Why do they even allow you to choose both options? It is an online form, it should prevent you from choosing them both. 

[davidvs 337]

38 minutes ago, smokeface said:

Unfortunately I have done some more research and it doesn't seem that simple. I read that I need to fill out form I-824 to indicate I want the petition sent to NVC. That is another $465 fee and more importantly probably another year of waiting for them to actually review. I am absolutely gutted right now that such a simple mistake has cost us so much time. It is so unfair that this mistake isn't able to to be rectified in an easier way. All I need for them to do is send the petition to NVC. 

You are correct. The I130 will sit at USCIS waiting for AOS until you file I824 telling them to send the file to NVC. We had a similar situation. Our wait time took approximately 18 months. Hopefully processing times are coming down and yours will be shorter. 

[Mike E 11,739]

5 minutes ago, smokeface said:

I'm assuming I just misunderstood and thought it was asking for the location he would go to when we do the adjustment of status. Why do they even allow you to choose both options? It is an online form, it should prevent you from choosing them both. 

It's quite possible you selected consular processing and due a software error, both options were selected, or in fact just the consular processing option was selected but instead you are seeing erroneous information. 

 

To understand where your petition is, I would call USCIS, say "info pass", and request a tier 2 officer call you back regarding your case.

Edited October 31, 2022 by Mike E

[smokeface 17]

28 minutes ago, Mike E said:

It's quite possible you selected consular processing and due a software error, both options were selected, or in fact just the consular processing option was selected but instead you are seeing erroneous information. 

 

To understand where your petition is, I would call USCIS, say "info pass", and request a tier 2 officer call you back regarding your case.

Is it possible to obtain a tourist visa to get hom here then file the i-485 adjustment of status. Then he will be in the US and no need to transfer to NVC.

[Mike E 11,739]

14 minutes ago, smokeface said:

Is it possible to obtain a tourist visa to get hom here then file the i-485 adjustment of status. Then he will be in the US and no need to transfer to NVC.

No that’s immigration  fraud. 

Edited October 31, 2022 by Mike E

[smokeface 17]

1 minute ago, Mike E said:

No that’s the immigration  fraud. 

I'm having a really hard time understanding why there is even an option on the form for him already living in the US. If I am filing i-130 then shouldn't that automatically mean the beneficiary is outside the US?