Does approved NoA2 mean petition sent to NVC? (Merged 2x)

[Troy B 223]

I seem to recall (it was over a year ago, lol) a question on the online i-130 if the beneficiary was in the USA,  if you answered yes to that (even if they were there temporarily), you would have gone down the adjusting path.

 

As I stated with more details:

read the instructions for i-824:

https://www.uscis.gov/sites/default/files/document/forms/i-824instr.pdf

fill in & print the i-824 (fill this in as the petitioner):

https://www.uscis.gov/sites/default/files/document/forms/i-824.pdf

make sure you sign it physically.

see the fee for this form in the instruction link, make sure you include that fee in what you send

mail in the form

wait for the welcome email from the NVC.

[Crazy Cat 41,728]

10 hours ago, Ryan & Rachaya said:

Is it possible that someone (or some piece of software) saw that, legally, our marriage took place in Utah and therefore we got sorted to the "she's already in the US" pile?  Or could a previous Adjustment of Status attempt (different wife, years ago, canceled before Adjustment) have somehow gotten pulled from my file and mistakenly tied to this CR-1 filing?

Where the marriage took place is not important.  The information entered on this I-130 dictates action following approval. There is, likely, some ambiguous information which has prompted the USCIS response.  I agree with others who think this case is stuck at USCIS, and probably needs an I-824 to move it to NVC. 

[JeanneAdil 6,471]

10 hours ago, Ryan & Rachaya said:

Yeah, that's the problem. In the copy they have, "Bangkok" also got filled in for 61.a (though 61.b  (State) is still blank). I uploaded a note and corrected page 8 just in case the human that looks at it is in a good enough mood to help us out. Otherwise, yeah, back to the drawing board I guess.

 

Thanks for the help all. I suppose if anyone has experience on how to best try and correct this sort of error, let me know. Otherwise, I'll just assume it's worst-case scenario (ie. start over) as everything else in this process seems to default to that.

 

if 62 c says Thailand ,(and Bankok  is correct for city) its USCIS mistake 

if your copy has Thailand ,   write to the USCIS office that has your case and make them correct

question 20  is for where married so not part of why it was considered AOS

[Ryan & Rachaya 9]

I think this is my last question on this matter, but I just want to check before I write a check:

 

I am certain that the problem is "Bangkok" accidentally got filled in for 61.a (the "US city") on form I-130, so that made them think we want to adjust status now, rather than get a CR-1 visa to come to the US. It's probably a cut-n-paste error on my part from when I was transferring data from the "normal" I-130 PDF to the electronic application. The normal version is correct, so if we'd just mailed paper in this would not have happened 😕 

 

Is there any way to get this corrected aside from the i-824? Is there anywhere to e-mail or call to clear out that one little box on the electronic form?

I do really appreciate the info on the i-824, I'm just hoping to avoid it and the $465 fee. I also want to be sure that the i-824 is the right course of action so I don't mess things up even more.

 

Since we just got the notice of approval saying they are looking at the case, I added a note and my correct I-130 PDF to our pile of documents online. Maybe, if they haven't looked over everything yet, they'll see it and make this trivial correction without a huge delay and expense? (Yeah, I know - not likely).

 

Anyway, thanks again - everyone - for the assistance. Even though I feel awful and so stressed I could fall over, I am glad that I asked the question rather than assuming everything was fine. At least now I can start working on a fix.

 

 

[Boiler 45,413]

I have never heard of them change ng something perhaps somebody else has

 

I think all the cases I have seen involve the I 824

 

I think the first thing I would do is check the whole submission 

[Ketsuban 1,034]

Maybe call and see if you can speak to Tier 2 at USCIS otherwise you're looking at a lot more money and time for filling the form out incorrectly. Whether you do I-824 or redo the I-130 (which I'm not even sure what would happen if you refile). Either way you are out time and money if you can't get them to help you. They might not be able to. 

[Ryan & Rachaya 9]

That is my plan (call and try to speak with a human). I found more extensive errors so I need to confirm if this is a restart or an I-824 situation.
I really don't know what could have been going on when I submitted this but I messed it up somehow.  So I just want to do it right from here so I don't waste another year.

[Boiler 45,413]

Obviously I do not know all the details but I would be leaning to a new clean application.

 

If you are talking about the misinformation line, then I am not sure what you can gain talking to anybody there.

[Crazy Cat 41,728]

11 hours ago, Ryan & Rachaya said:

I found more extensive errors so I need to confirm if this is a restart or an I-824 situation.

An I-824 moves the petition to NVC. If there are more errors, I also think you can just withdraw the current I-130 and resubmit a new, correct one.

 

Form I-824, Application for Action on an Approved Application or Petition (uscis.gov)

 

Do not file Form I-824 with USCIS, if you are requesting:

1. Further action on an application or petition that was denied, revoked, terminated or withdrawn;

2. A correction of an error on your previously approved application or petition;

3. A copy of the approved Form I-485, Application to Register Permanent Residence or Adjust Status, or Form N-400, Application for Naturalization, for your personal records;

4. A duplicate approval notice of an approved immigrant visa petition naming the spouse or children who are accompanying or following to join you

Edited July 31, 2023 by Crazy Cat

[Ryan & Rachaya 9]

I talked to a USCIS representative this morning and her advice was to send a letter in to explain the situation, so I'll do that.

I'll include a corrected I-130 and ask that they let me know how to proceed (just swap in the correct form, submit an I-824, or withdraw and restart).

I'll also upload the letter and form to my electronic documents stash online just as a potential heads-up to whoever looks at our stuff.

 

My assumption at this point is that we'll be withdrawing and reapplying once I hear back.

 

 

[Ryan & Rachaya 9]

 

So our electronically-filed I-130 has a bunch of errors (nothing that a human couldn't figure out, but still wrong stuff in (8) wrong boxes).

I suspect I either hit the Send button early or didn't Save the final version of the form when I was filling it out a year ago. My fault regardless.

The errors made the USCIS software think that my wife is in the US already and so they think we want to Adjust Status rather than get a CR-1 Visa.

Our I-130 petition has been approved and the case closed according to USCIS (via our Case Status web page) so it's no longer possible to upload an explanation or correction there.

 

I accept that corrections cannot be made in a friendly/informal manner (like someone at USCIS just fixes those 8 boxes and then proceeds as normal).

I accept that I form I-824 cannot be used to correct the errors (as per Crazy Cat's post above).

I believe that leaves withdrawing the petition and refining as the only option. What's another year right?

 

I intend to send a letter (and correct I-130) to USCIS to explain the situation and, barring other options, request to withdraw the I-130 so we can refile.

 

The USCIS phone rep said I should send the letter to the same place I sent the application. Only after I got off the phone did I realize this isn't valid since I electronically filed. Looking over the paper I-130 instructions, it looks like a physical application would have been sent to 

 

USCIS
Attn: I-130
P.O. Box 4053
Carol Stream, IL  60197-4053

 

Is this where I should send this I-130 explanation/withdrawal letter? Maybe with a different "Attn" line?

 

I asked because our NoA1 was from:

Potomac Service Center
U.S. CITIZENSHIP & IMMIGRATION SVC
2200 Potomac Center Dr
MS 2425
Arlington VA 20598-2425

 

and the recent Approval Notice (NoA2?) was from:
Texas Service Center
U.S. CITIZENSHIP & IMMIGRATION SVC
6046 N Belt Line Rd., STE 110
Irving TX 75038-0012

 

Given that I've already cost us 12 months of unnecessary delay, I don't want to waste another month or more by sending the letter to the wrong place.

I did also send a note to NVC via their "Public Inquiry Form" online. They replied that they haven't yet received our petition from USCIS. I'm thinking maybe USCIS isn't ever going to send them our petition since they think we want to adjust rather than get a visa. Does that sound right? If it would go to NVC either way, then I'll wait a little and recontact NVC (which is what their reply suggested).

 

Thanks again for all of the help here.

 

 

 

[Dan and Akari 43]

Dang, I’m sorry you guys are having this issue. It’s too bad there isn’t a process for making corrections. Seems like throwing the baby out with the bath water causes more work for everyone. 
 

Wishing you the best of luck. 

[Ontarkie 14,193]

~~Post Removed for TOS Violation -Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.~~

 

 

Once a person leaves the US without AP then the process is abandoned. There is no reentry to continue, it is abandoned. Any discussion is now to be focused on only the legal options left.

[Ryan & Rachaya 9]

 

 

Below is an excerpt from our NoA2 telling us that our I-130 petition has been approved and we should submit an I-485 to adjust status.

My question is "has our I-130 been sent to the NVC"?

 

The reason is that there are errors in our electronic I-130 and these have made USCIS think we're at the "adjust status" phase when we are really at the CR-1 visa phase.

I am trying to determine if I should contact USCIS, or the NVC, (or both?) to find out if there are any options aside from withdrawing and resubmitting the petition.

My assumption is that USCIS is waiting for an I-485 and will just hold until then, but most of my assumptions in this process have proven incorrect, so I thought I'd ask.

[Crazy Cat 41,728]

***A new post by the OP has been merged with this existing topic***

 

Mod Hat Off:  Yes, USCIS is waiting for an I-485, but an I-485 is not applicable to this case as your spouse is not inside the US.  She cannot submit an I-485 from Thailand.  Additionally, she cannot enter the US as a visitor with the intent to submit an I-485.

Edited August 17, 2023 by Crazy Cat