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

[Boiler 45,505]

I thought you had decided to just re start with a clean application.

[Crazy Cat 41,851]

10 minutes ago, Boiler said:

I thought you had decided to just re start with a clean application.

I thought so, too.  With the options being either an I-824 or withdrawing and re-submitting a new I-130, I think a new I-130 presents a much simpler path forward since the existing I-130 has other errors. 

Edited August 17, 2023 by Crazy Cat

[Ryan & Rachaya 9]

11 minutes ago, Crazy Cat said:

***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.

 

Thanks. That meshes with what I was thinking. I'll get a final inquiry and withdrawal letter off to USCIS shortly.

 

[Ryan & Rachaya 9]

 

Since the last time I did this in a hurry it cost me $500 and a year of my life, I'm trying the slow and careful route now. As always, thank you for the help. See you in a year

 

[Crazy Cat 41,851]

9 minutes ago, Ryan & Rachaya said:

 

Since the last time I did this in a hurry it cost me $500 and a year of my life, I'm trying the slow and careful route now. As always, thank you for the help. See you in a year

 

Did you speak to a qualified immigration attorney?

[Dataunavailable 82]

On 8/17/2023 at 12:14 PM, Ryan & Rachaya said:

 

Since the last time I did this in a hurry it cost me $500 and a year of my life, I'm trying the slow and careful route now. As always, thank you for the help. See you in a year

 

What did you choose to do? It looks like all I-824s outside of Nebraska are about the same wait as a new I-130. 

I had to send an I-824 on our approved I-130, it's currently at Potomac, just waiting to see how long it takes. 

 

I also debated sending a new I-130, same issue as you, they think Adjusting as I left Immigration Visa country blank, yeah we all make mistakes, humans do it from time to time. But I settled on the I-824 after some debate, since that was the only issue on the form, decided to just see how long the 824 takes. 

 

My guess, anywhere from 4 months to 2 years. 🤷‍♂️

[Ryan & Rachaya 9]

I've sent a letter (and corrected I-130) to the USCIS explaining the problem, asking if anything can be done, and requesting to withdraw the petition if not. I'm heading to the other side of the planet in the morning to spend most of September with my wife. My hope is that a reply will be waiting when I return and then we'll proceed from there. I figure it's 95% likely that we'll be starting over, but since I'll then have to explain my "previous petition", I feel better about exhausting all possibilities first. Also, it's what the person on the USCIS customer support line suggested I do.

 

I wish that I had a better recollection of the process when I filed but it was more than a year ago. It's so odd that I would make those mistakes. The paper I-130 from which I was working was pretty much ok, so it was just input errors when I did the electronic version. I really don't recall at all other than that it took a few sessions to finish the process. I'm wondering if somehow I didn't save my progress from the last session, or sent it early, or something. It's my fault either way since they send that "snapshot" document after you file. The errors are in there but I didn't see them. I was just recovering from covid at the point so maybe my brain wasn't back up to speed. The snapshot is horribly formatted, and I'm sure I was completely burned out on gathering and entering data by that point, but still. I should have caught the mistakes way back then, but it is what it is.

 

Maybe I can be a cautionary tale for others

 

[Ryan & Rachaya 9]

Due to uncorrectable errors on our I-130, we are going to withdraw the flawed petition and resubmit. I have the withdrawal letter ready (with all pertinent info) but I am not certain where to send it.

 

Our NoA1 was from the Potomac Service Center.

Our NoA2 was from the Texas Service Center.

The new I-130 will be sent to USCIS in Carol Stream, IL.

 

I think that I recall reading that it should go to the last place that took action. That would be Texas. But that last action was an I-130 approval that shouldn't have happened (due to said errors). I could easily send copies to each place, but could that end up causing more problems? I'm also wondering if I should wait for a response on the withdrawal request before submitting the new I-130. I expect the new petition will just sit in a pile for a year+ before any action is taken on it, so it seems like giving the withdraw just a few days head start (rather than waiting the weeks/months it might take for confirmation of the withdrawal) should be fine?

 

I'm not sure if it matters, but in our specific case, we are petitioning for a visa to bring my wife to the US. An error on the I-130 made USCIS think she is already in the US so they approved it and sent us an NoA2 with instructions to start the Adjustment of Status process. Obviously, we can't do that as she's not here yet. I called the help line and was told to mail in a letter explaining the situation and to ask what we should do next. I did that and the reply contained no answers (or evidence of a human having read the letter). Thus it seems our only option is to withdraw and resubmit. That resets our timeline to day 1 so I'd like to get things moving as soon as possible.

 

 

[Mike E 11,739]

5 minutes ago, Ryan & Rachaya said:

 

Our NoA1 was from the Potomac Service Center.

Our NoA2 was from the Texas Service Center

Send the withdraw letter twice,

 

* to the USCIS address listed in NOA1

* to the USCIS address listed in NOA2

[Ontarkie 14,222]

Is there not a way to get it sent out to her country? Even if you have to bug them and call, it would still be faster then starting all over again.

[Mike E 11,739]

12 minutes ago, Ontarkie said:

Is there not a way to get it sent out to her country? Even if you have to bug them and call, it would still be faster then starting all over again.

I-824.

 

Some of those take longer than I-130s.

 

Avoiding I-751 is a good thing. Some errors are blessings.

Edited September 22, 2023 by Mike E

[Boiler 45,505]

8 minutes ago, Mike E said:

I-824.

 

Some of those take longer than I-130s

Agree and if memory serves me right there were numerous issues with the I 130 as filed.

[TBoneTX 45,288]

Threads on ongoing situation have been merged.

Edited September 22, 2023 by TBoneTX

[Ryan & Rachaya 9]

But the purpose of my post was the title (where to send the withdrawal letter) and now that's been lost. Shouldn't threads be by topic rather than by situation? You're just going to end up with each user having their own single long topic, which is an awful way to try and get questions answered as things move forward.  

 

Anyway, can we say the "there were mistakes on our I-130" situation is done now? I've certainly moved past that snag but I will probably have continuing questions on various matters as we move forward and they (like this one) are not about whether there are mistakes on our I-130. I would like to be able to have new discussions about these new topics rather than a single multi-page chronicle of our journey all in one topic with my new questions buried where no one is likely to consider them. Or is everything I post from now on going to get buried here?

 

 

[Ontarkie 14,222]

2 hours ago, Ryan & Rachaya said:

But the purpose of my post was the title (where to send the withdrawal letter) and now that's been lost. Shouldn't threads be by topic rather than by situation? You're just going to end up with each user having their own single long topic, which is an awful way to try and get questions answered as things move forward.  

 

Anyway, can we say the "there were mistakes on our I-130" situation is done now? I've certainly moved past that snag but I will probably have continuing questions on various matters as we move forward and they (like this one) are not about whether there are mistakes on our I-130. I would like to be able to have new discussions about these new topics rather than a single multi-page chronicle of our journey all in one topic with my new questions buried where no one is likely to consider them. Or is everything I post from now on going to get buried here?

 

 

New threads on a new petition will have their own thread. The issue here is just like my post, I didn't see all the related answers and issues. If I saw the previous answers I would not have bothered with my reply.  That is why we keep related threads together to keep all info in one spot helps everyone. 

 

Regardless you were given the proper reply by Mike E. Just follow his advice and be done with it.