Please advise me with this!

[R2DMom 1]

Hi there, 

 

My husband and I received notice of action 2 a week ago. 
However, it looks pretty different from what the people usually get.

From my understanding, I thought after receiving NOA2, NVC will be mailing you or emailing you about next step. 
Our application stated that I (beneficiary) need to submit either I-485 or I-824. I have attached our notice we received. Can someone please help me what I should do next?

Thank you in advance! 

[Crazy Cat 41,857]

Where is the foreign spouse?

It appears the petitioner incorrectly completed the I-130, which has confused USCIS.  Your I-130 is approved, but it is now stuck there until either the foreign spouse submits an I-485 (if he/she is inside the US right now) or until the petitioner submits an I-824 which will move the I-130 to NVC and the consulate.  An I-824 will delay the case for as much as a year.

 

Note: It appears the I-130 indicated the spouse will seek a visa outside the US, and also indicated the spouse will adjust status inside the US.  That is what caused the confusion at USCIS.

Edited June 14 by Crazy Cat

[R2DMom 1]

13 minutes ago, Crazy Cat said:

Where is your foreign spouse?

It appears the petitioner incorrectly completed the I-130, which has confused USCIS.  Your I-130 is approved, but it is now stuck there until either the foreign spouse submits an I-485 (if he/she is inside the US right now) or until the petitioner submits an I-824 which will move the I-130 to NVC and the consulate.  An I-824 will delay the case for as much as a year.

 

Note: It appears the I-130 indicated the spouse will seek a visa outside the US, and also indicated the spouse will adjust status inside the US.  That is what caused the confusion at USCIS.

well I’m the beneficiary and I’m currently in japan. I haven’t been to the states since 2022.

for I-824, that’s for me (beneficiary) to apply, correct? Because for I-130, that was petitioner’s job to file and apply?

 

[Crazy Cat 41,857]

5 minutes ago, R2DMom said:

 

well I’m the beneficiary and I’m currently in japan. I haven’t been to the states since 2022.

for I-824, that’s for me (beneficiary) to apply, correct? Because for I-130, that was petitioner’s job to file and apply?

 

No, the petitioner files the I-824 to move the approved I-130 to NVC. 

Edited June 14 by Crazy Cat

[milimelo 4,479]

Looks like you just added extra time to your petition before it makes it to NVC - via I-824. I'd double check the submitted petition to make sure it's not a USCIS error. If not an error, you have another form to file with extra $$ and time. 

[Crazy Cat 41,857]

12 minutes ago, milimelo said:

I'd double check the submitted petition to make sure it's not a USCIS error.

Excellent suggestion. 

[pushbrk 12,883]

1 hour ago, Crazy Cat said:

Where is the foreign spouse?

It appears the petitioner incorrectly completed the I-130, which has confused USCIS.  Your I-130 is approved, but it is now stuck there until either the foreign spouse submits an I-485 (if he/she is inside the US right now) or until the petitioner submits an I-824 which will move the I-130 to NVC and the consulate.  An I-824 will delay the case for as much as a year.

 

Note: It appears the I-130 indicated the spouse will seek a visa outside the US, and also indicated the spouse will adjust status inside the US.  That is what caused the confusion at USCIS.

It appears the above is exactly what happened.  The petitioner can confirm by checking their copy of the I-130 to see whether they entered information for Tokyo and for adjusting status within the USA.  Should have been Tokyo, and not appliable for the location of adjusting status.  One or the other, not both.  We see this every once in a while. It's a shame, but usually causes about a year delay to process the I-824.

[top_secret 2,421]

I do not think it will help since the petition is already approved, but this is EXACTLY the situation that is supposed to be addressed by a USCIS policy change as of May 22.  It sounds like they didn't get the message in time at this office.

 

https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-for-family-based-immigrant-visas

 

The updated section of the policy manual that they cite is here and it clearly spells out how these may now be handled.

 

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-5

 

Unfortunately, it also reaffirms that that it can only be corrected by the petitioner AFTER approval by filing I-864.

[pushbrk 12,883]

40 minutes ago, top_secret said:

I do not think it will help since the petition is already approved, but this is EXACTLY the situation that is supposed to be addressed by a USCIS policy change as of May 22.  It sounds like they didn't get the message in time at this office.

 

https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-for-family-based-immigrant-visas

 

The updated section of the policy manual that they cite is here and it clearly spells out how these may now be handled.

 

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-5

 

Unfortunately, it also reaffirms that that it can only be corrected by the petitioner AFTER approval by filing I-864.

Perhaps a local Congressman's office can contact USCIS to ask them to send the petition to NVC per the latest policy.

[R2DMom 1]

Do you guys think submitting this https://egov.uscis.gov/e-request/displayTypoForm.do?entryPoint=init&sroPageType=typoError
would help my situation? 

[R2DMom 1]

3 hours ago, pushbrk said:

Perhaps a local Congressman's office can contact USCIS to ask them to send the petition to NVC per the latest policy.

Should we mail a letter to the congressman’s office? What would you say if it was your case? 

[pushbrk 12,883]

1 hour ago, R2DMom said:

Should we mail a letter to the congressman’s office? What would you say if it was your case? 

I would find then visit my Senior US Senator's  (from your State) nearest local office and ask for their immigration liaison's assistance.

[top_secret 2,421]

It seems it is a fair argument that it is in part a USCIS error too because they did not follow their own policy manual that was in effect on the date that the petition was approved. I wouldn't want to speculate how effective it might be resolving the situation but I couldn’t see where it would hurt contacting USCIS citing the May 22 change in their policy manual and asking if they could forward the petition according to that new policy.  It may be a long shot, but a letter, a call and a Senator contacting USCIS regarding the policy change might be worthwhile.  While at the same time preparing the I-824 in case that effort does not bear fruit.

[Crazy Cat 41,857]

3 minutes ago, top_secret said:

It seems it is a fair argument that it is in part a USCIS error too because they did not follow their own policy manual that was in effect on the date that the petition was approved. I wouldn't want to speculate how effective it might be resolving the situation but I couldn’t see where it would hurt contacting USCIS citing the May 22 change in their policy manual and asking if they could forward the petition according to that new policy.  It may be a long shot, but a letter, a call and a Senator contacting USCIS regarding the policy change might be worthwhile.  While at the same time preparing the I-824 in case that effort does not bear fruit.

I would go this route, too, prior to submitting an I-824. 

[kaycome 7]

I had the same issue with uscis. It was completely a computer glitch cos i know fully well that i didn't fill anything about adjustment of status. Anyway we filed I-824 and also my contacted her congressman. After back and forth for 8 months USCIS send our petition to NVC. So sad and stressful