Confused with NOA 797

[Imili-Aksil 11]

Apparently I made a small fixable error.   I hope someone can give me good picture of my next step and which form I should use. 

 

I received the NOA 797. Could someone explain to me in layman's term what it means?  Should I do the 485 application or the 824 application? 

 

Copy/Pasted:

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.  (END OF COPY PASTE)

 

Thank you for your help.

[Liam2021 583]

11 minutes ago, Imili-Aksil said:

Should I do the 485 application or the 824 application

I-824 for USCIS to transferred your petition to NVC.

[Verrou 1,962]

have you check ur i-130 copy? did you make a mistake and actually fill both of the option instead just choose one?

the only way to "fix" the issue is by filing i-864 to correct it

[Imili-Aksil 11]

2 minutes ago, Verrou said:

have you check ur i-130 copy? did you make a mistake and actually fill both of the option instead just choose one?

the only way to "fix" the issue is by filing i-864 to correct it

Ok, which is better the 485 or 824 option because I am confused with two of them.  Which option was I supposed to pick.  I am very confused with this

 

[Boiler 45,585]

I 485 is for adjusting inside the US which I am going to guess is what you are not doing.

[Verrou 1,962]

7 minutes ago, Imili-Aksil said:

Ok, which is better the 485 or 824 option because I am confused with two of them.  Which option was I supposed to pick.  I am very confused with this

 

there's no which one is better. you cant pick and choose

i-824 is not the same with i-485. u got confused

 

right now ur i-130 approved but USCIS didnt know where to "transfer" the case because ( i assume) you pick both. u cant pick both. if you make a mistake, then u have to fix the issue with i-824. it will set back your immigration journey quite a bit of time ( for example processing time for texas is 14 months)

 

my question : do you want to file consular processing ( outside US) or adjustment of status (inside US).

if you are the beneficiary and u are outside US, then u do consular processing

if you are the beneficiary and currently inside US = adjustment of status

 

where are u right now? who is the petitioner and who is the beneficiary?

 

Edited August 11, 2023 by Verrou

[Boiler 45,585]

Looking at past posts this is a Consulate case so I 824 it is.

[Imili-Aksil 11]

2 minutes ago, Verrou said:

there's no which one is better. you cant pick and choose

i-824 is not the same with i-485. u got confused

 

right now ur i-130 approved but USCIS didnt know where to "transfer" the case because ( i assume) you pick both. u cant pick both. if you make a mistake, then u have to fix the issue with i-824.

 

my question : do you want to file consular processing ( outside US) or adjustment of status (inside US).

if you are the beneficiary and u are outside US, then u do consular processing

if you are the beneficiary and currently inside US = adjustment of status

 

where are u right now? who is the petitioner and who is the beneficiary?

 

I am the beneficiary/INSIDE usa.  To do the adjustment of status would be form 485? 

 

Also, I have "3 year" Morocco residency card.  I am ready to MOVE to Morocco if I need to, that is why I picked both. 

OK, seems like I will do 824 form and send it to USCIS and do the 485. 

 

I appreciate your response. 

 

 

Emily 

[Redro 4,611]

1 minute ago, Imili-Aksil said:

I am the beneficiary/INSIDE usa.  To do the adjustment of status would be form 485? 

 

Also, I have "3 year" Morocco residency card.  I am ready to MOVE to Morocco if I need to, that is why I picked both. 

OK, seems like I will do 824 form and send it to USCIS and do the 485. 

 

I appreciate your response. 

 

 

Emily 

Are you the US Citizen or the Moroccan citizen? 
Or are you neither but you and your partner are thinking of Morocco as a third country to live in together? 

Edited August 11, 2023 by Redro

[Boiler 45,585]

I think there could be some language issues.

 

So both you and your Spouse are currently inside the US? On what basis is the beneficiary in the US?

[Verrou 1,962]

2 minutes ago, Imili-Aksil said:

I am the beneficiary/INSIDE usa.  To do the adjustment of status would be form 485? 

 

Also, I have "3 year" Morocco residency card.  I am ready to MOVE to Morocco if I need to, that is why I picked both. 

OK, seems like I will do 824 form and send it to USCIS and do the 485. 

 

I appreciate your response. 

 

 

Emily 

inside US then u follow the instruction. just be aware u cant leave the US while u filed for AOS. if you leave the US without approved advanced parole = ur case is abandon

[Imili-Aksil 11]

13 minutes ago, Redro said:

Are you the US Citizen or the Moroccan citizen? 
Or are you neither but you and your partner are thinking of Morocco as a third country to live in together? 

I am born US citizen but got Moroccan 3 year residency card. 

I am petitioning for my moroccan husband to move to USA and be with me. 

[Imili-Aksil 11]

12 minutes ago, Verrou said:

inside US then u follow the instruction. just be aware u cant leave the US while u filed for AOS. if you leave the US without approved advanced parole = ur case is abandon

I am US citizen.  the AOS is form 485 Correct?   This is for my husband who lives in Morocco 

[Imili-Aksil 11]

14 minutes ago, Boiler said:

I think there could be some language issues.

 

So both you and your Spouse are currently inside the US? On what basis is the beneficiary in the US?

Petitioner: me = us citizen born and raised and was just qualified and issued a 3 year moroccan residency. 

Beneficiary: husband = moroccan and is OVER there. 

[Boiler 45,585]

1 minute ago, Imili-Aksil said:

Petitioner: me = us citizen born and raised and was just qualified and issued a 3 year moroccan residency. 

Beneficiary: husband = moroccan and is OVER there. 

As I thought you are not in the US, you need to file the I 824

Edited August 11, 2023 by Boiler