I am asking this question for a friend of mine. Her I-130 was approved on 3/25 and she received her NOA2 in the mail today. The NOA2 says that her husband is here in the U.S. and will be adjusting status HERE. However, this is not true. She put on her forms that he would be adjusting status in Mexico because he cannot adjust status here. The NOA2 says to submit I-824 to have her case transferred to the NVC or else they will send it to the local office.

Please help -- what should she do now?

This is standard wording for the NOA2 for an I-130 when I-129F is also filed. USCIS expects the beneficiary to continue with the K3 visa process, so the I-130 is held for use in the AOS process.

http://www.cousincouples.com/info/states.shtml

So is your friend a K3 case?

Thanks for the response. She did file the I-129f but it is still pending. She has not received any approval on that yet. She filed in VSC and as we know, Vermont has the history of approving the I-130 and just letting the I-129f sit there -- like our case.

I am hoping that this is what is the case here and they didn't make a very big mistake.

Okay, please help again. My friend called the USCIS and told them that her husband is not eligible to AOS here in the States and that she had put on her I-130 that he would be adjusting status in Mexico. They said there is nothing that they can do at this point and she must go to her local office to get it straighten out. Why should she have to pay for their mistake and wait another 7 months for the I-824 to be processed?

We just don't know what to do at this point.

She shouldn't but when I read "she must go to her local office to get it straightened out" I don't see anything about an I-824. I should be able to be straightened out without an I-824.

She shouldn't but when I read "she must go to her local office to get it straightened out" I don't see anything about an I-824. I should be able to be straightened out without an I-824.
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That is what they said. She has called 3 times today. They said that clearly her I-129f should have been approved but it wasn't. USCIS responded 3 different answers: (1) You need to contact the NVC; (2) You need to file the I-824; (3) there is nothing we can do. You have to get the local office to straighten it out.

Another option is to do nothing about the I-130 and just wait for the I-129F to be approved. One thing you don't do is bother NVC except to see if your file actually was sent to them. It might have been but if they don't have it, they can't help you. You've got three (now four) options. It sounds like a combination of waiting for the I-129F and in the meantime going to the local office would be a good next step.

hey dodson i hope everything works out for your friend.. try to call using rfe and get to an officer to get the coorect answer.. and cani ask when did she send her i130 to VSC? jus out of curiousity as VSC are watching the approved cases very closely.. thanx! keep us posted