USCIS Approval Letter

[Kid Kulafu 2]

Hi Everyone!

 

So my I-130 petition got approved last 10FEB2023 but USCIS hasn't sent it to NVC yet. Did i miss any documents? below is the letter of appproval from USCIS;

 

 

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.

 

 

Pls advise. Thank you

 

Kid Kulafu

[powerpuff 6,685]

Looks Like you did not fill out the I-130 correctly. We see this very often here. Please refer to below threads where I answered the question:

 

 

 

 

 

[Kid Kulafu 2]

Hi powerpuff thanks for your reply, however after reading the thread you provided mine is different my approval letter says 

 

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.

[Crazy Cat 41,814]

49 minutes ago, Kid Kulafu said:

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.

Looks like you confused USCIS by selecting both options.  Until you straighten this out, USCIS will retain the petition.  You will have to submit an I-824 to move it to NVC.  Expect this to delay your case by a year.  Good luck. 

Edited March 1, 2023 by Crazy Cat

[Mike E 11,739]

12 minutes ago, Kid Kulafu said:

Hi powerpuff thanks for your reply, however after reading the thread you provided mine is different my approval letter says 

 

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.

And then your letter says:

 

33 minutes ago, Kid Kulafu said:

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).

You need to file I-824. This costs several hundreds of dollars and might have added a year to your case. 

[powerpuff 6,685]

20 minutes ago, Kid Kulafu said:

Hi powerpuff thanks for your reply, however after reading the thread you provided mine is different my approval letter says 

 

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.

It’s the same. The fact doesn’t change that you have to fill out and submit a I-824 in order to proceed to the next step (NVC).

[powerpuff 6,685]

The only reason yours is slightly different and states “you indicated on the petition” is because you selected both consular processing and adjustment of status as opposed to the ones in the above threads where it says “you did not indicate” - they did not select anything (all blank). Your mistake was selecting BOTH, it should be one or the other - in your case consular processing at a US consulate. 
 

And I said said earlier, all of those scenarios lead to one and only option and solution which is filing and paying for I-864 and waiting until it is processed.

[nastra30 2,284]

Op, you made a $465 mistake. File form I-824 and pay that fee.