Visa approved however...

[ChelseaPresutti 7]

7 hours ago, manyfudge said:

Sorry for your delay.

 

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

 

A very common error.

Thanks @manyfudge after checking again this morning USCIS had forwarded a new approval letter saying they were now forwarding my case to NVC for further processing!! 

[ChelseaPresutti 7]

9 hours ago, EM_Vandaveer said:

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.

Hello, thank you for all your advise.  Last night I wrote an email and attached it to our I-130, we also called USCIS and this morning upon checking my file we have a new approval letter saying our approved case is now being forwarded to NVC office.  So I have bypassed the I-824 form it seems? 

[powerpuff 6,697]

1 minute ago, ChelseaPresutti said:

Hello, thank you for all your advise.  Last night I wrote an email and attached it to our I-130, we also called USCIS and this morning upon checking my file we have a new approval letter saying our approved case is now being forwarded to NVC office.  So I have bypassed the I-824 form it seems? 

Did you check what you wrote in those sections? If USCIS made an error then it makes sense that they’re now forwarding it to NVC.

[Chancy 6,241]

1 minute ago, ChelseaPresutti said:

we have a new approval letter saying our approved case is now being forwarded to NVC office.

 

That's a good sign.  Wait for the NVC welcome letter before you celebrate.

 

[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!

I will start my comprehensive study for the NVC stage  I checked our file this morning (after the phone call and I wrote an email in hopes!) and the email says the I-130 has been approved and or file is being sent to NVC - I'm hopeful but worried that the NVC could then ask for the I-824 form! eek!

[ChelseaPresutti 7]

16 hours ago, ChelseaPresutti said:

Hi VJ community,

 

I sent in the requested RFE information yesterday and checked today and our visa was approved.  We are in Australia and will travel to the U.S in the next 6 months or so but the approval letter also said this....

 

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.

 

I assume we have ticked one too many boxes, I need to fill out form I-824 and send it to NVC for processing in Melbourne, Australia, right?  Wondering if this is also a long process?

 

Thank you

HI VJ community,

 

Thanks for everyone's responses, I really appreciate the insight and help.

 

We spoke with an USCIS customer service person last night and I wrote an email and attached it to our I-130 file.  This morning I checked our file and we have an approval letter saying (see below) our case is being forward to NVC (approx 45 days) So it seems (hopefully, fingers and toes crossed!!) that we do not have to file form I-824 at this point! Though considering it seems that I am not particularly good at reading instructions (or we wouldn't be in this mess:)) or this process maybe I'm getting ahead of myself! 

 

FROM USCIS:

The above petition has been approved. As the petitioner requests, we have sent the petition to the U.S. Department of State National Visa Center (NVC), 32 Rochester Avenue, Portsmouth, NH 03801-2909. The NVC processes all approved immigrant visa petitions that need consular action, including the collection of necessary forms and documents. It also determines which consular post is appropriate to complete visa processing. The NVC will then transfer the approved petition to the consular post once processing has been completed and an interview has been scheduled at the Embassy or Consulate. The NVC will contact the beneficiary of this petition with further information about immigrant visa processing steps. You should allow a minimum of 45 days for U.S. Department of State processing before contacting the NVC. If you have not received any correspondence from NVC within 45 days, you may contact the NVC at https://nvc.state.gov/inquiry. 

[ChelseaPresutti 7]

11 minutes ago, powerpuff said:

Did you check what you wrote in those sections? If USCIS made an error then it makes sense that they’re now forwarding it to NVC.

So I can't seem to find the form in our file.  Honestly I think we mailed it, we had just returned home from Connecticut to Australia and were so desperate to get back to the U.S I think I filled it out quickly and sent it back the next day.  We (my husband and our two boys) were so jetlagged I can't recall

[Chancy 6,241]

4 minutes ago, ChelseaPresutti said:

We spoke with an USCIS customer service person last night and I wrote an email and attached it to our I-130 file.

 

Looks like your efforts paid off and saved you from filing that I-824.  Please do update us when you get the NVC welcome letter and account creation info, so we can congratulate you for reals.

 

[pushbrk 12,877]

15 hours ago, ChelseaPresutti said:

@pushbrk Thank you for your response, we have successfully completed this process previously without a problem though that was before the distraction of two kids and a less hectic schedule!

 

With your/or anyone else's guidance regarding the form I-1824 we have multiple option in Part 2 reason for request. Is the most suitable option for us 1.d? 

 

OR can I enter the U.S with my family and apply once there?

 

I thought I after this step I received a temporary visa then applied for adjustment of status afterwards?

i-824 (1).pdf 463.6 kB · 8 downloads

Yes, 1 d.  What you "thought" is completely wrong.  The US Citizen files a petition.  That was done and the petition was approved.  Only the Consulate section instead both Consulate and Adjustment location should have been indicated.  This is covered very well in the excellent "step by step" I-130 instructions, that take you through each section of the form.

 

An approved petition from USCIS opens the door for the foreign spouse to apply for a visa abroad through the department of state.  USCIS does not issue visas.  The visa application process begins at NVC.  You will never "adjust status".  It's one or the other, not both.

 

More than a decade ago, the K3 visa was viable.  Maybe that's the one you got back then.  Different animal, and you seek both a visa and adjustment of status.  That visa has been virtually unobtainable since February, 2010.

[pushbrk 12,877]

22 minutes ago, ChelseaPresutti said:

I will start my comprehensive study for the NVC stage  I checked our file this morning (after the phone call and I wrote an email in hopes!) and the email says the I-130 has been approved and or file is being sent to NVC - I'm hopeful but worried that the NVC could then ask for the I-824 form! eek!

I-824 is a USCIS form. NVC is Dept. of State.  If NVC has your case, there will be no I-824.  Time to become an A-Student of the I-864 instructions and the form itself.

 

USCIS did you a lucky favor, to transfer the case without the I-824.