Came to US by B2, Sent I-130, NO record now!! Why?

[paulinechentx 0]

2008-4, I married a US citizen in China

2008-5, I received a B2 visa issed by Guangzhou Consulate

2008-6, we traveled to US

2008-8, while we were in US, we filed I-130

2008-8-25, we received I-797C NOTICE OF ACTION

I was thinking now I just had to wait. And as I have a B2, I can still travel between US and China.

2008-8-28, we left USA and went back to China for a while

2008-10, we came back to US

I was looking to get updates on USCIS website baout my case but supurisingly, there is no record for my WACXXXXX number on their website. When called the 800 bumber and could not find any record either. Then we went to see a local immigration office and the lady there could not find our record either! So we called a immigration attorney and he was surprise US let me in the second time. Because if I have applied I-130, then I can not leave US. If I do, then they wont let me in US again.

So I really dont know. I am afraid that once I left US after we receive the I-797C, the USCIS considered I gave up on immigration so they closed my case......... Hope not!!!....

The problem now is we dont know what happend to our I-130. The check is cashed by them in Aug. Now the attorney recommend we file both I 130 and AOS cocurrently and I should not leave US until this is finished, unless I have a AP.....!!!!!!!!

Does anybody know what is what...? What could have happened to my I130? and what should I do......? Thanks a lot!!!!!!!

[Bobby+Umit 161]

Wait - you filed for AOS - then left without getting an AP?

your lawyer is correct - your AOS is abandoned.

You just lost that money.

Now you have to start all over again.

(Moved from DCF to AOS)

Edited January 5, 2010 by Bobby_Umit

[Darnell 8,479]

Clarifiy, if you can?

THe I-130 was to be interviewed at GUZ for CR-1 visa (beneficiary address in China), or

You filed an I-130 with a USA address for the beneficiary/applicant?

If the latter, then you'll need to file (I don't suggest this) a complete AOS Package - see http://www.visajourney.com/forums/index.ph...page=i130guide2 and not leave the USA until GC in hand.

If the former, then the petitioner can file a service request via an INFOPASS appointment. A service request 'forces' USCIS to find the casefile, and tell you the status.

It may be possible that the NOA-2 was issued, but the petitioner moved. USPS never forwards USCIS postal mail - there's a big sign on the outside of the envelope stating NOT TO FORWARD.

If you made copies of the I-130, take a look at it and the G-325A - what is the beneficiary's address on those forms?

Edited January 5, 2010 by Darnell

[payxibka 10,048]

Wait - you filed for AOS - then left without getting an AP?

your lawyer is correct - your AOS is abandoned.

You just lost that money.

Now you have to start all over again.

(Moved from DCF to AOS)

Bobby... no mention of AOS but only I-130

[Darnell 8,479]

------

In the first I-797-C - there is an designator for WHICH service center it was sent to - should be either CSC (California ) or VSC (Vermont ) - which is yours?

[payxibka 10,048]

------

In the first I-797-C - there is an designator for WHICH service center it was sent to - should be either CSC (California ) or VSC (Vermont ) - which is yours?

OP mentioned in first post that it was WACxxxxxxxxxx. WAC is the deisgnator for California

[Darnell 8,479]

Thanks payx!!

[Bobby+Umit 161]

Bobby... no mention of AOS but only I-130

Yes - that is why I asked for clarification. "Wait - you filed for AOS - then left without getting an AP?" (should of been more clearer)

[payxibka 10,048]

Yes - that is why I asked for clarification. "Wait - you filed for AOS - then left without getting an AP?" (should of been more clearer)

a lot more clearer... Maybe "Wait - did you file only the I-130 or did you also file an I-1485?"

[gyrsriddle 0]

2008-4, I married a US citizen in China

2008-5, I received a B2 visa issed by Guangzhou Consulate

2008-6, we traveled to US

2008-8, while we were in US, we filed I-130

2008-8-25, we received I-797C NOTICE OF ACTION

I was thinking now I just had to wait. And as I have a B2, I can still travel between US and China.

2008-8-28, we left USA and went back to China for a while

2008-10, we came back to US

I was looking to get updates on USCIS website baout my case but supurisingly, there is no record for my WACXXXXX number on their website. When called the 800 bumber and could not find any record either. Then we went to see a local immigration office and the lady there could not find our record either! So we called a immigration attorney and he was surprise US let me in the second time. Because if I have applied I-130, then I can not leave US. If I do, then they wont let me in US again.

So I really dont know. I am afraid that once I left US after we receive the I-797C, the USCIS considered I gave up on immigration so they closed my case......... Hope not!!!....

The problem now is we dont know what happend to our I-130. The check is cashed by them in Aug. Now the attorney recommend we file both I 130 and AOS cocurrently and I should not leave US until this is finished, unless I have a AP.....!!!!!!!!

Does anybody know what is what...? What could have happened to my I130? and what should I do......? Thanks a lot!!!!!!!

Just wondering, when you filled out the B-2 application did you tell them the reason for the visit was to adjust status?

[paulinechentx 0]

Thanks a lot for everybody!!!

We only filed I-130 when we were in USA last time. We tried to file it in China Guangzhou consulate, but my husband had a F VISA to China so the consulate said it was not in their juristiction and said we needed to file it in USA. So we did... Yet, he didnt say the conflicts between B2 and I-130, or the restriction of being in or out of USA to file I-130, also he didnt mention anything about AOS....

One thing really frustrating is they dont tell you everything you need to know...I wonder if they are just too busy to prevent you from making future mistakes or they are just not that expert in this...

For Darnell's question about designator: Yes it is CA. We sent an mail to them before xmas and asked where our case went and received an auto-reply in MAIL asking us to call that 800 number (which we called before)...Can you tell me how to file a service request via an INFOPASS appointment?

For Darnell's question about beneficiary's add: Let me check it and get back to you later. I looked at the link you gave me about "Step-by-Step Guide on How to File an I-130 for a Spouse Inside the US". I wonder, if now I leave USA and ask my husband to file I130 again in USA, after it starts, can I still use B2 to come to USA?

For gyrsriddle: We went for B2 interview in Guangzhou on, say, May 25, and told them we would come back to this same office to apply for I-130 on May 28. I showed them our marriage license and photos. The purpose for B2 was business and family reunion (because we were gonna file I-130 in China). And they just issued B2 for me. But when we went there on May 28 to try to file the I-130, that's when they said my husband had the wrong China visa and we had to file the I-130 in USA. But by that time, I already got the B2 Visa. So we came to USA and filed the I-130.

Turned out quite messy.....hehe.

Im sure everybody went thru a lot of efforts to get your case completed...I really appreciate everybody helping me here!

[paulinechentx 0]

up

[Nik+Heather 122]

Can you tell me how to file a service request via an INFOPASS appointment?

It's easy to find if you only look....

uscis.gov

Left hand column, down towards the bottom: "Make an appointment (Infopass)"

I can't tell you more than that - never done it before. I assume it's pretty self explanatory.

Bring any notices you have gotten, print out the cancelled check - prove they took your money at least then figure out what's going on. They should be able to find your case with your names and birth dates, I think - if somehow your WAC number is typoed, so bring identification with this info as well.

[paulinechentx 0]

Now that I recalled, we made an INFOPASS appointment before, we went to a local immigration office. The lady could not find my information. We showed her my driver license, passport, I797C......

The check was cashed by them in August......So......

[Darnell 8,479]

There is small chance that the I-130 was invalidated, because of your frequent trips in/out of the USA.

I suggest have the USC call the US Senators office, talk with the Immigration Liason Staffer in the office, get a 'service request' initiated by the Senator's office.

Good Luck !