I-130 Approved: sent to US office for visa processing instead of NVC

[usc85 6]

I made a mistake on my I-130, question 22. My wife lives overseas, so I should have left this question completely blank. I misread what the question was asking, and on the right hand side wrote the city and country where she intends to do her visa interview. The rest of my I-130 application makes it abundantly clear that my wife does not live in the US, so it's really hard to understand how they couldn't just write us asking to clarify...

The I-130 approval notice we received says if we want to send her case to the NVC, we have to file form I-824. This form costs $405 and the processing time is between 3 and 7 months depending where it would be processed.

Is there any way to avoid this process? I can't believe that writing 2 wrong words on a form can have such a big impact on mine and my wife's lives. We are sick and tired of dealing with USCIS, and this added delay may cause me to turn down an offer in the US and rethink our plans entirely.

Does anyone think that a lawyer would be able to help with this, or would that just be extra money spent on something that they can't really help with beyond filing the paperwork for me (which I can do myself)?

Edited June 20, 2014 by usc85

[Antre 11]

You can try to call them, but that can be a waste of time.

We have a similar situation. Even though my hasband stated in I-130 that adjustment of status was not applicable for me and my address was clearly a foreign addres (outside of US), still the USCIS's approval shows that approval is for "adjustment of status", though our dauther's approval was sent to the NVS.

We lost almost 6 months trying to correct the probelem (calls, info passes, ombudsman office, congressman, you name it). We ended up filing I-824 three months ago. waiting..

and yes, we consulted a lawyer. She advised us to file I-824.

[pushbrk 12,830]

It's probably a simple mistake of somebody inserting the wrong boilerplate. Call them and straighten in out. You'll probably find the case has actually been routed to NVC. Since it's their mistake, you won't need to file the I-824. You were correct to indicate the city where she would interview abroad, as long as you did that on the right side of the page, not the left, where it asks where she will adjust status. Which did you do?

[usc85 6]

It's probably a simple mistake of somebody inserting the wrong boilerplate. Call them and straighten in out. You'll probably find the case has actually been routed to NVC. Since it's their mistake, you won't need to file the I-824. You were correct to indicate the city where she would interview abroad, as long as you did that on the right side of the page, not the left, where it asks where she will adjust status. Which did you do?

I filled in the answer on the right side of the page, as you suggest I should have.

Were you in a similar situation as me, and your case was in fact routed to the NVC?

If anyone is reading this who is in a similar situation as me, please let me know so my wife and I can calm down about this.

I did call about this and of course the person on the phone doesn't know anything (even Tier 2). I told them of this apparent mistake and he filed a service request.

I am still afraid that perhaps you (and I) are incorrect, and that for 22, if the beneficiary is not in the US, then no response should be given at all, even on the right-hand side.

Can anyone confirm if this has happened to them as well?

Thanks all!!

[usc85 6]

You can try to call them, but that can be a waste of time.

We have a similar situation. Even though my hasband stated in I-130 that adjustment of status was not applicable for me and my address was clearly a foreign addres (outside of US), still the USCIS's approval shows that approval is for "adjustment of status", though our dauther's approval was sent to the NVS.

We lost almost 6 months trying to correct the probelem (calls, info passes, ombudsman office, congressman, you name it). We ended up filing I-824 three months ago. waiting..

and yes, we consulted a lawyer. She advised us to file I-824.

So did you actually make a mistake in filing your I-130? If so, do you know where/how? If the mistake was actually on USCIS's part, how could they not fix it themselves?

[Antre 11]

So did you actually make a mistake in filing your I-130? If so, do you know where/how? If the mistake was actually on USCIS's part, how could they not fix it themselves?

Well, we were trying to get them to correct their mistake for 6 months without any success.

At the end, we received a letter form USCIS that we should file I-824 to have the approval sent to NVC. A lawyer we contacted advised as the same thing.

We filed the I-824 on March. Still waiting.

We also tried to request an expedite processing for I-824 based on the fact, that it was USCIS mistake. But they denied stating that currently they have too many similar requests.

[pushbrk 12,830]

I filled in the answer on the right side of the page, as you suggest I should have.

Were you in a similar situation as me, and your case was in fact routed to the NVC?

If anyone is reading this who is in a similar situation as me, please let me know so my wife and I can calm down about this.

I did call about this and of course the person on the phone doesn't know anything (even Tier 2). I told them of this apparent mistake and he filed a service request.

I am still afraid that perhaps you (and I) are incorrect, and that for 22, if the beneficiary is not in the US, then no response should be given at all, even on the right-hand side.

Can anyone confirm if this has happened to them as well?

Thanks all!!

No, this didn't happen to me. I've just pretty much seen it all. Check my join date and post count.

[NikLR 13,227]

Darnell had his go to the wrong spot. You can search out his name and read his about me for all the info on his VJ.

[usc85 6]

No, this didn't happen to me. I've just pretty much seen it all. Check my join date and post count.

Well, this makes me feel a tiny bit better. I wouldn't be the first person for them to make this mistake with, though. What do you suggest I do now that I've filed a service request? If they write back and say the mistake is mine, do I just go ahead and start on the I-824?

Darnell had his go to the wrong spot. You can search out his name and read his about me for all the info on his VJ.

Thanks for the response. Can you please tell me Darnell's visajourney user name so I can search for him? EDIT: Found it. Thanks.

Edited June 21, 2014 by usc85

[Greatluve 0]

Its not a problem at all..i have semilar situation..my NOA2 stated that i would be adjuating status and that should file i-824.. it was not uscis fault but rather my fault because i-130 item 22 was very confusing. after noa2 i made checks on a copy of 130 i kept and saw that i did not write anything at all since i thought that question is for those trying to adjust status..i call them and they sent me an amended NOA2 that reflect that the file has been sent to NVC for further processing...i call nvc yesturday and the confirmed the file has been received on the 10th and i should allow 15 days to feed all informations into their system in other to assign us a case number..But this will take you 30 days or less for the error to be rectify..you dont need to file i-824 at all since it does not apply to yr case..thx

[usc85 6]

Its not a problem at all..i have semilar situation..my NOA2 stated that i would be adjuating status and that should file i-824.. it was not uscis fault but rather my fault because i-130 item 22 was very confusing. after noa2 i made checks on a copy of 130 i kept and saw that i did not write anything at all since i thought that question is for those trying to adjust status..i call them and they sent me an amended NOA2 that reflect that the file has been sent to NVC for further processing...i call nvc yesturday and the confirmed the file has been received on the 10th and i should allow 15 days to feed all informations into their system in other to assign us a case number..But this will take you 30 days or less for the error to be rectify..you dont need to file i-824 at all since it does not apply to yr case..thx

Thanks for your input. It would seem with 22 blank, this was in fact not your fault but theirs since you didn't indicate a presence in the US.

A side note I can add about my case is that question 9, which asks about presence on the US directly was left blank. I think overall it should have been pretty clear to the person working on my case that we need to go to the NVC. Let's hope they recognize this as their mistake now and fix it!!!

[Darnell 8,478]

I made a mistake on my I-130, question 22. My wife lives overseas, so I should have left this question completely blank. I misread what the question was asking, and on the right hand side wrote the city and country where she intends to do her visa interview. The rest of my I-130 application makes it abundantly clear that my wife does not live in the US, so it's really hard to understand how they couldn't just write us asking to clarify...

The I-130 approval notice we received says if we want to send her case to the NVC, we have to file form I-824. This form costs $405 and the processing time is between 3 and 7 months depending where it would be processed.

Is there any way to avoid this process? I can't believe that writing 2 wrong words on a form can have such a big impact on mine and my wife's lives. We are sick and tired of dealing with USCIS, and this added delay may cause me to turn down an offer in the US and rethink our plans entirely.

Does anyone think that a lawyer would be able to help with this, or would that just be extra money spent on something that they can't really help with beyond filing the paperwork for me (which I can do myself)?

i had a similar problem and got my congressional liason involved. it got rehomed to NVC within 3 weeks after approval.

Thanks for the response. Can you please tell me Darnell's visajourney user name so I can search for him? EDIT: Found it. Thanks.

http://www.visajourney.com/forums/user/49491-darnell/

[usc85 6]

i had a similar problem and got my congressional liason involved. it got rehomed to NVC within 3 weeks after approval.

http://www.visajourney.com/forums/user/49491-darnell/

Hi Darnell

Thanks for replying. Would you mind please giving me a little more details about the mistake on your case and how exactly your congressperson helped? I'm planning to contact my senator Monday. My case is quite clear in many items and documents that my wife is overseas. Just the right side of question 22 is filled out. Thanks for any advice you have.

[Darnell 8,478]

I left Q22 blank.

http://www.visajourney.com/forums/topic/394282-filed-i-130-yesterday/

[Amor Verdadero 33]

Filing an I-130 for a spouse Question 22 SHOULD NOT BE BLANK. If your spouse is out of the U.S. (like mine) Question 22 should be answered on the right hand side the location of the embassy in which they will have their interview for the visa. If that is in fact what you filled out then this is NOT your fault and should be worked out with them.

Question 22 states that you are to fill it out if your spouse is eligible for adjustment of status and then below it to the right it states: "If your relative is NOT eligible for adjustment of status, he or she will apply for a visa abroad at the American consular post in: and you are to write the location of the embassy in which the interview will take place.

I suggest you continue to follow up

Also in my experience, i would contact your local house representative instead of your state senator. They are more apt to help you quicker.

Edited June 23, 2014 by Amor Verdadero