Nadiya

Nadiya - Can toy post the body/example of the letter your daughter sent off to DHS?

we have only sent letter to NVC asking to keep visa category F2B.

I am still do not have information on what DHS office can provide approval letter.

I just called NVC, need to submit opt-out letter since my father naturalized last week. They said it'll take at least 45 days for emails to be processed, ugh, but its best I do it soon because F1 is almost a year behind F2b, and there's a good chance the bulletin dates improve vastly.

Would emailing be better than sending letter via certified mail?

Send certified mail. Emails are not efficient, I have not received any response to the requests sent through email.

At the beginning of case processing we noticed NVC by mail, we sent naturalization of my Mom as petitioner plus change name certificate, to them in company with a request to keep us in F2B category, they canged my mom's name in the system and kept us in F2B without changing the category in online system, later after case completion they sent us a letter, inform us that the auto conversion will happen and they said to keep our category we have to contact DHS(Department of Homeland Security) , we got an appointment and went to USCIS immigration office in Detroit,MI where my mom is living there, gave the request and got the approval letter through mail.

why you send letter to Moscow, your case is still at NVC and not yet send to embassy.

So Detroit, MI office is the office where your mom - the petitioner leave?

I was thinking to send to Moscow because it is the USCIS office that has jurisdiction over Ukraine. My daughter is in Ukraine.

In the CSPA document it states that approval request need to go to office having jurisdiction over the Beneficiary residence - see below.

“ (3) CSPA Section 6 Opting-Out Provisions. Beneficiaries of 2nd preference I-130 petitions that were automatically converted to family first preference upon the petitioning parent’s naturalization may exercise the “opt-out” provision of section 6 even if the petition in question was originally filed in the F2A category but has now converted to F2B. Aliens seeking to utilize this opt-out provision should file a request in writing with the District Office having
 jurisdiction over the beneficiary’s residence. “

are you also leave in MI or only your Mom?

Hi,

Send request to the USCIS of Detroit,MI , they have responded to me, they gave us Opt-Out approval letter.

This is good news!

I am still waiting for response from USCIS Moscow:(

What is the exact address of the USCIS of Detroit, MI that you used for sending the request? did you use mail or email?

Also how you located/selected this office ( USCIS of Detroit, MI) ? is this location where your beneficiary resides ?

Update on my side: I was calling NVC every day past week trying to confirm they received Opt-out request. Opt Out Mail delivered to NVC on March 24 th.

They were saying no mail received. I sent certified mail and was asking them to search by confirmation number.

Today something changed - I was able to see my daughter's application again via CEAC - the DS-260 for my daughter case is now Visible and visa category states F2B.

I assume NVC received our letter and restated category to F2b so it is now again current.

I have not received any letter from NVC on this change just noticed that i can see application online again.

Did NVC changed your application category back to F2B?

AOS is paid but i couldnt pay the IV fee? what shall i do to get it be paid?

in my case there was some mix up with choice of agent. I had it done in Feb and received confirmation over email. Online also it was shown as complete.

payments would not unlock.

When I Called NVC they said they cannot see agent selection .... they "updated" Agent info over the phone and in 2 days I received email and Invoice for IV fee. Just call NVC.

Hi Nadiya,

How long did it takes after you informed NVC about your citizenship , they changed band the access of your case online?

Have You delivered opt-out request? to whom sent your request?

I have not notified NVC of my naturalization directly. I have another case for my Husband and I submitted it after i become citizen. So NVC learned about my naturalization from the second application. They put both cases under review for 45 days and as result they changed my daughters case to F1.

I have sent request to out out via email and certified mail to NVC on Mar 21 2016. No info/response so far and the application for My daughter is still NOT accessible online.

I am planning to start calling to NVC this week. On another hand my husbands application is released and I have received welcome letter.

Also i reached out to the Moscow USCIS ( since this seems to be European DHS office that have jurisdiction over UKRAINE) via email to see if they are correct office to provide the DHS approval for Opt out.

At first they responded next day stating that they only process I-130 for the Residents of Russia - i guess standard response..

In next email i responded and asked with details that i am looking to get OPT OUT approval and not to file i-130, referred to the law and memorandum, etc - no response for a week - i guess they do not know what to do with this request..

Called NVC - they confirmed Category change to F1 due to the naturaliztion of petitioner. They said Beneficiary must request to OPT-out in writing. My daughter sent email and Mail to NVC asking to retain on F2B. Hope they will respond...

NVC have not advised to contact DHS office. They probably does not really know... I am still trying to find out what USCIS office has jurisdiction over UKRAINE where my daughter resides.

I have not informed NVC of my naturalization.

I have case for my daughter - visa category F2B with priority Date April 2010.

Priority Date got current for the documentation submission and we have received welcome letter from NVC few month's ago.

We Payed all fees and mailed all required documentation ( affidavit, etc) .

We received latter that all documents are completed and the case will be sent to the consulate to schedule interview.

Today I received note over email from NVC with subject P3AU PREVIOUSLY CURRENT FOR NEOPOST DS-1200

stating that

" Because of a recent change in your visa classification or a change in the dates used to begin the visa application

process, visa numbers are not presently available for your visa category. You will be notified when further

consideration can be given to processing your application for immigration. ....."

I can no longer access application online or check status. I assume this is not good sign..

I have recently become a citizen.

Looks like my daughter's case category has been changed.

I read through the instructions to get Opt Out request and planning to send mail to NVC and DHS but not sure what DHS office covering UKRAINE.

Please advise

Lain, Thank you for the reply.

Few questions:

Does the Letter to NVC with requesting OPT OUT rights need to be from the Beneficiary or from the petitioner?

To whom does the letter need to be addressed : to the NVC or to the Attorney General?

What is the local DHS office that has jurisdiction over Ukraine?

I have case for my daughter - visa category F2B with priority Date April 2010.

Priority Date got current for the documentation submission and we have received welcome letter from NVC few month's ago.

We Payed all fees and mailed all required documentation ( affidavit, etc) .

We received latter that all documents are completed and the case will be sent to the consulate to schedule interview.

Today I received note over email from NVC with subject P3AU PREVIOUSLY CURRENT FOR NEOPOST DS-1200

stating that

" Because of a recent change in your visa classification or a change in the dates used to begin the visa application

process, visa numbers are not presently available for your visa category. You will be notified when further

consideration can be given to processing your application for immigration. ....."

I can no longer access application online or check status.

I have recently become a citizen.

Does this mean that my daughter's case category has been changed? Are there was to stay in F2B category?

Please advise.