i-130 approval letter confusion - PLEASE HELP

[PDD 0]

Everyone,

I filed for i-130 in April 2007 and receive a letter today saying that i-130 petition has been approved. I am a US citizen and my wife is in home country. She is not in US and never has been in US. My concern is the 2nd line in the letter. It reads:

The above petition has been approved. The petition indicates that the person or whom you are petitioning is in the United States and will apply for adjustment of status. He or she should contact the local INS office to obtain Form i-485, application for permanent residence. A copy of this notice should be submitted with the application.

If the person for whom you are petitioning decides to apply for a visa outside the Unites States based on this petition, the petitioner should file Form i-824, application for action on an approved application or petition, with this office to request that we send the petition to the department of state national visa center (NVC).

---- There are 3 more paragraphs after this one with standard language. Here’s what I have done.

I-130 filed: March 27

Received noa1: week later.

Filed 129f for spouse visa: April 4th

Received noa for 129f: week later.

Received two noa, one for i-129f and one for i-130 on August 17th.

I-129f has standard language saying that NVC will now take over and forward application to appropriate consulate.

Please help me as I am confused about the language in i-130. Is that the standard language?

Thanks a lot in advance.

[abvlit 0]

Everyone,

I filed for i-130 in April 2007 and receive a letter today saying that i-130 petition has been approved. I am a US citizen and my wife is in home country. She is not in US and never has been in US. My concern is the 2nd line in the letter. It reads:

The above petition has been approved. The petition indicates that the person or whom you are petitioning is in the United States and will apply for adjustment of status. He or she should contact the local INS office to obtain Form i-485, application for permanent residence. A copy of this notice should be submitted with the application.

If the person for whom you are petitioning decides to apply for a visa outside the Unites States based on this petition, the petitioner should file Form i-824, application for action on an approved application or petition, with this office to request that we send the petition to the department of state national visa center (NVC).

---- There are 3 more paragraphs after this one with standard language. Here’s what I have done.

I-130 filed: March 27

Received noa1: week later.

Filed 129f for spouse visa: April 4th

Received noa for 129f: week later.

Received two noa, one for i-129f and one for i-130 on August 17th.

I-129f has standard language saying that NVC will now take over and forward application to appropriate consulate.

Please help me as I am confused about the language in i-130. Is that the standard language?

Thanks a lot in advance.

New policy established back in Oct 2006. When both I-130 and I-129F are approved at the same time, "USCIS will continue to forward approved Form I-129F (K-3) petitions to the National Visa Center (NVC) for consular processing. However, it will retain approved Form I-130 petitions, based upon a mutual agreement with the Department of State. USCIS will retain all approved Forms I-130 for retrieval upon the beneficiary’s eventual application for adjustment of status (Form I-485), unless the petitioner clearly indicates on Form I-130 that the beneficiary will use the consular process. USCIS will store approved Form I-130 petitions at its National Record Center (NRC)."

Your I-130 NOA2 reads correct because USCIS assumes you will proceed and finish with I-129F, bring your spouse over with a K-3 visa, and then adjust status here in the US.

If this is not what you want to happen, you can try to 1) file form I-824 and pay the $200 fee to get your I-130 moving again, or 2) call USCIS and try to demand them to send the I-130 to NVC.

[G&A 1]

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