Visa approved however...

[EM_Vandaveer 2,408]

24 minutes ago, ChelseaPresutti said:

@MarmiteC 

@carmel34

@Teedee428

Thank you all.  What a mistake I have made.  I spoke to a USCIS representative because I was confused about form 824.  We are living in AU and want to adjust status continue with our journey out of the Sydney consulate - I asked the representative if in PART 2 of the form below if option 1.b was the correct option for our circumstances she said 1.d and then 1.b so now I'm even more confused and so much more nervous we are going to muck it up!  

 

If I choose 1.d then how does the NVC office know to send it to Sydney consulate?  1.b would be most correct because I filled in both to complete filing in CT and also SYDNEY AU?

 

 

1d

NVC will know to send it to Sydney (or will ask you about it), once the petition gets to NVC, you'll communicate with them, file documents and such before your case is sent on.

Using the USCIS Misinformation Line for legal advice/form filling advice is generally unwise. They don't know what they're talking about and if they advise you wrong you can't rely on the fact that their mistake caused your mistake, in trying to fix it.

Edited August 18, 2023 by EM_Vandaveer

[SalishSea 17,820]

2 hours ago, Teedee428 said:

Your statement can be misleading because last time I checked, K1 visa holders (which does not apply in OP’s case I know) can enter the US with intent to adjust and can do so legally which is not fraud. 
please be clear and specific in the information you provide to people so people do not get the wrong information. 

No one but you is confused about this.   The issue at hand is not a K-1 or adjustment of status.   The OP is seeking an immigrant visa from outside the US and checked an incorrect box on the petition, and now must submit a separate form to correct that, which will take a year.

[SalishSea 17,820]

53 minutes ago, ChelseaPresutti said:

@MarmiteC 

@carmel34

@Teedee428

Thank you all.  What a mistake I have made.  I spoke to a USCIS representative because I was confused about form 824.  We are living in AU and want to adjust status continue with our journey out of the Sydney consulate - I asked the representative if in PART 2 of the form below if option 1.b was the correct option for our circumstances she said 1.d and then 1.b so now I'm even more confused and so much more nervous we are going to muck it up!  

 

If I choose 1.d then how does the NVC office know to send it to Sydney consulate?  1.b would be most correct because I filled in both to complete filing in CT and also SYDNEY AU?

 

 

You cannot adjust status from Australia.   You have no choice but to submit the I-824 to correct the error you made on the petition.

[Chancy 6,241]

*** Removed related thread.  Duplicate question already addressed in this thread.  Please post your related questions/updates in this thread to keep the discussion in one place. ***

 

[Boiler 45,478]

We had a case a few weeks ago where the I 130 had been filled in incorrectly in many areas and I believe the plan is to start again.

 

So my first thought is to check the I 130 and see if there are any other issues first. I helped a friend fill one out and OK I know a little bit but 2 sets of eyes are better and I had never filled one in before.

[Verrou 1,962]

1 hour ago, ChelseaPresutti said:

 

We are living in AU and want to adjust status

if you are outside US its called = consular processing

if you already inside US it's called = adjustment of status (AOS)

 

it's completely different between consular processing and AOS. u cant AOS while you are in Oz. 

 

 

[manyfudge 291]

Sorry for your delay.

 

Lately, I have been advising people on Reddit to triple check this section.

 

A very common error.

[Redro 4,611]

5 hours ago, EM_Vandaveer said:

Meaning if the beneficiary is ALREADY in the US. One cannot ENTER to US with intent to adjust, it's fraud.

 

4 hours ago, Teedee428 said:

Your statement can be misleading because last time I checked, K1 visa holders (which does not apply in OP’s case I know) can enter the US with intent to adjust and can do so legally which is not fraud. 
please be clear and specific in the information you provide to people so people do not get the wrong information. 

Not incorrect information for the FORUM we are currently posting and OP’s specific situation.  Especially as you mention K1 a visa OP cannot pursue as they are already married.  
Maybe better to write 

“One cannot ENTER the US on a TOURIST VISA or ESTA with the intent to adjust”. 
More harmful to mention options that are not available to OP as that is misleading. Stick to OP’s case not general immigration advice. 
 

Edited August 18, 2023 by Redro

[BLC 112]

4 hours ago, ChelseaPresutti said:

@MarmiteC 

@carmel34

@Teedee428

Thank you all.  What a mistake I have made.  I spoke to a USCIS representative because I was confused about form 824.  We are living in AU and want to adjust status continue with our journey out of the Sydney consulate - I asked the representative if in PART 2 of the form below if option 1.b was the correct option for our circumstances she said 1.d and then 1.b so now I'm even more confused and so much more nervous we are going to muck it up!  

 

If I choose 1.d then how does the NVC office know to send it to Sydney consulate?  1.b would be most correct because I filled in both to complete filing in CT and also SYDNEY AU?

 

 

You probably confused them if you worded it the way you wrote it: “want to adjust status continue with our journey out of the Sydney consulate”. It sounds like you’re saying you both want to adjust status in the US and also want to move it OUT of Sydney consulate —I know you didn’t mean it like that, but a customer service agent could easily interpret it like that on a phone call. 
 

You are not adjusting status and you want to stay at Sydney consulate. You would chose 1d.

 

My suggestion is to read every question slowly and carefully, as they are almost always worded very clearly and are literal in what they’re asking. Also, read the instructions before and while you are filling out forms, as that clarifies a ton, too. Start studying for the NVC stage now so you can be prepared!

[SalishSea 17,820]

53 minutes ago, BLC said:

My suggestion is to read every question slowly and carefully, as they are almost always worded very clearly and are literal in what they’re asking. Also, read the instructions before and while you are filling out forms, as that clarifies a ton, too. Start studying for the NVC stage now so you can be prepared!

Great advice!

[carmel34 3,625]

5 hours ago, ChelseaPresutti said:

If I choose 1.d then how does the NVC office know to send it to Sydney consulate?

NVC will know because when they receive the I-824 after it is processed by USCIS, the physical address filled in for part 1 (if applicant/beneficiary completes and submits the I-824) or in part 3 (if petitioner completes and submits the I-824) will be in Australia.  1.d. is the correct box to check.

Edited August 18, 2023 by carmel34

[h02ejmajja 57]

10 hours ago, ChelseaPresutti said:

@Boiler Thanks for the clarification.  I have researched the steps post I-130 approval and as far as I understand are this - We are up to no.3 but because i filled in a question I shouldn't have, I have now added on up to 12 months to my case to progress to step 4? And now have to proceed to fill out an I-824? Or would this be a necessary step anyway.  Could I call USCIS on the number they gave me or contact the AU consulate?  

 

1. U.S. Citizenship and Immigration Services (USCIS) Filing - Petition is mailed to USCIS.
2. Notice of Action 1 (NOA1) - Petition is received by USCIS.
3. Notice of Action 2 (NOA2) - Petition is approved or denied by USCIS.
4. National Visa Center (NVC) Phase - USCIS forwards case to NVC and collects fees and documents.
5. NVC to Embassy - NVC forwards your case to the U.S. Embassy in the nation of origin.
6. Embassy Letter - Embassy contacts you with further instructions.
7. Medical Exam - Foreign spouse schedules and completes required medical exam.
8. Embassy Interview - Foreign spouse is interviewed by the consular officer at the U.S. Embassy.
9. Visa Issued - The visa is pasted in the passport and the passport is returned to the foreign spouse.
10. Immigrant Fee - Immigrant fee is paid online.
11. Travel to U.S. - Foreign spouse has 6 months to enter the U.S.
12. Green Card Issued - Green card is mailed to home address within 2 to 4 weeks after arriving in the U.S

 

So in the above set of instructions - you are between 3 and 4. You have to complete the I-824 and pay the fees as others have said. How did you originally submit your case - online or by mail?  The situation are likely in is that you on the I-130 form, in part 4 - you would have answered BOTH 61 a/b AND 62 a/b/c. If you have a copy of your submission (I know when you submit online they usually send you a .pdf?) and you DID NOT check both of the boxes, then you could reach out and indicate that USCIS made an error. I do know others where they DID NOT check both of these boxes and were successful in NOT filing the I-824 and had their case move on to the NVC. If you did in fact, answer both of those, then you would have to file it as others have indicated. 

[JeanneAdil 6,497]

not that it matters but between 2 and 3 as case petition documents are in order but the case will not go from USCIS to NVC till the I 824 is approved

 

read the I 824 ACTUAL instructions

reading the I 130 instructions not just the form questions prevents this error 

[ChelseaPresutti 7]

2 hours ago, h02ejmajja said:

 

So in the above set of instructions - you are between 3 and 4. You have to complete the I-824 and pay the fees as others have said. How did you originally submit your case - online or by mail?  The situation are likely in is that you on the I-130 form, in part 4 - you would have answered BOTH 61 a/b AND 62 a/b/c. If you have a copy of your submission (I know when you submit online they usually send you a .pdf?) and you DID NOT check both of the boxes, then you could reach out and indicate that USCIS made an error. I do know others where they DID NOT check both of these boxes and were successful in NOT filing the I-824 and had their case move on to the NVC. If you did in fact, answer both of those, then you would have to file it as others have indicated. 

I submitted online, I will double check this.  Thanks for the info

[ChelseaPresutti 7]

5 hours ago, BLC said:

You probably confused them if you worded it the way you wrote it: “want to adjust status continue with our journey out of the Sydney consulate”. It sounds like you’re saying you both want to adjust status in the US and also want to move it OUT of Sydney consulate —I know you didn’t mean it like that, but a customer service agent could easily interpret it like that on a phone call. 
 

You are not adjusting status and you want to stay at Sydney consulate. You would chose 1d.

 

My suggestion is to read every question slowly and carefully, as they are almost always worded very clearly and are literal in what they’re asking. Also, read the instructions before and while you are filling out forms, as that clarifies a ton, too. Start studying for the NVC stage now so you can be prepared!

Hi, Clearly, I am such a rookie at this!  I did explain to the CSA that all our addresses on the original form were Australian addresses.  However, if I have filled incorrectly as others have said a costly and timely mistake on my behalf.  

 

Thank you for your response, that's exactly what I meant.