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R2DMom

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Filed: IR-1/CR-1 Visa Country: Japan
Timeline

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! 119DFDCB-A678-45BA-9930-ED4A310CF829.thumb.jpeg.7a8d9cdee112bb67c618e7ac0eab15a7.jpeg

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Filed: Citizen (apr) Country: Taiwan
Timeline

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 by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: IR-1/CR-1 Visa Country: Japan
Timeline

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?

 

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Filed: Citizen (apr) Country: Taiwan
Timeline
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 by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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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. 

ROC 2009
Naturalization 2010

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Filed: Citizen (apr) Country: Taiwan
Timeline
12 minutes ago, milimelo said:

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

Excellent suggestion. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Other Country: China
Timeline
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.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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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.

Wife and Stepdaughter                                                                            

  • December 17, 2020:  Married in Costa Rica
  • March 08, 2021: Filed l-130s Online
  • March 09, 2021: NOA1
  • April 26, 2021: NOA2, I-130s Approved
  • April 30, 2021: NVC Received
  • May 01, 2021: Pay AOS and IV Bills
  • May 06, 2021: Submit AOS, Financial Docs and DS-260s
  • May 14, 2021: Submit Civil Docs for Stepdaughter
  • May 21, 2021: Submit Civil Docs for Wife
  • June 25, 2021: NVC review for Stepdaughter, RFE submit additional Doc
  • July 08, 2021: Wife Documentarily Qualified by NVC
  • August 31, 2021: Stepdaughter Documentarily Qualified by NVC
  • September 15, 2021: Received Interview Date from NVC, October 05, 2021
  • September 22, 2021: Passed physicals at Saint Luke's Extension Clinic
  • October 05, 2021: Interview at US Embassy Manila. Verbally approved by US Consul. Positive interview experience.
  • October 05, 2021: CEAC status changed to "Issued"
  • October 07, 2021: Passports tracking for delivery on 2GO Courier website
  • October 08, 2021: Passports with visas delivered.  "Visas on hand"
  • October 08, 2021: Paid Immigrant Fee
  • October 12, 2021: Temporary CFO Certificates Received
  • October 26, 2021 POE arrival at LAX
  • November 02, 2021 Social Security Cards arrive in mail
  • January 31, 2022: USCIS Status changed to "Card Is Being Produced"
  • February 04, 2022: USCIS Status changed to "Card Was Mailed To Me"
  • February 07, 2022: Green cards received. 

 

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Filed: Other Country: China
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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.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: IR-1/CR-1 Visa Country: Japan
Timeline
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? 

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Filed: Other Country: China
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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.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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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.

Wife and Stepdaughter                                                                            

  • December 17, 2020:  Married in Costa Rica
  • March 08, 2021: Filed l-130s Online
  • March 09, 2021: NOA1
  • April 26, 2021: NOA2, I-130s Approved
  • April 30, 2021: NVC Received
  • May 01, 2021: Pay AOS and IV Bills
  • May 06, 2021: Submit AOS, Financial Docs and DS-260s
  • May 14, 2021: Submit Civil Docs for Stepdaughter
  • May 21, 2021: Submit Civil Docs for Wife
  • June 25, 2021: NVC review for Stepdaughter, RFE submit additional Doc
  • July 08, 2021: Wife Documentarily Qualified by NVC
  • August 31, 2021: Stepdaughter Documentarily Qualified by NVC
  • September 15, 2021: Received Interview Date from NVC, October 05, 2021
  • September 22, 2021: Passed physicals at Saint Luke's Extension Clinic
  • October 05, 2021: Interview at US Embassy Manila. Verbally approved by US Consul. Positive interview experience.
  • October 05, 2021: CEAC status changed to "Issued"
  • October 07, 2021: Passports tracking for delivery on 2GO Courier website
  • October 08, 2021: Passports with visas delivered.  "Visas on hand"
  • October 08, 2021: Paid Immigrant Fee
  • October 12, 2021: Temporary CFO Certificates Received
  • October 26, 2021 POE arrival at LAX
  • November 02, 2021 Social Security Cards arrive in mail
  • January 31, 2022: USCIS Status changed to "Card Is Being Produced"
  • February 04, 2022: USCIS Status changed to "Card Was Mailed To Me"
  • February 07, 2022: Green cards received. 

 

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Filed: Citizen (apr) Country: Taiwan
Timeline
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. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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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 

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