NOA2 wrongly says beneficiary is in US!

[Dave and Kinnari 31]

The entire question 22 should have been filled with N/A. By filling the second part you indicated that your spouse is in US but is not eligible fo adjustment of status. Just call them and get this corrected ASAP (keep on trying till you get them) to minimize the delay. all the best.

Exactly what I did. I put in N/A for all portions on questions 22.

Lets hope I get an approval letter with my spouse outside of the U.S. cause she clearly is or I would not be feeling this heartbreak right now!

[Dave and Kinnari 31]

In regards to question 22 on the I-130 application isnt it asking if you are going to do adjustment of status either in the states or in another country? if you spouse is in colombia and you have no case to adjust shouldnt you put N/A in both spaces because your not adjusting. and when you finally get your visa doing a Cr1 when they enter they will receive their resident status upon entering the usa. am i wrong ??

That is EXACTLY what I thought of as I was reading the question when I filled in the forms.

[pushbrk 12,114]

In regards to question 22 on the I-130 application isnt it asking if you are going to do adjustment of status either in the states or in another country? if you spouse is in colombia and you have no case to adjust shouldnt you put N/A in both spaces because your not adjusting. and when you finally get your visa doing a Cr1 when they enter they will receive their resident status upon entering the usa. am i wrong ??

The above is dead wrong. The OP did exactly what they were supposed to do. This is a poorly written section of the petition (It's not an "application".) so your misinterpretation is understandable.

For adjusting status you fill in the left side and put N/A on the right. For a visa, do the opposite.

Edited June 23, 2011 by pushbrk

[Dave and Kinnari 31]

The above is dead wrong. The OP did exactly what they were supposed to do. This is a poorly written section of the petition (It's not an "application".) so your misinterpretation is understandable.

Hmmm...interesting.

So, is this a section where it's preference for the person applying to choose an embassy/consulate closer to their current residence/home?

This section seems important for those that have to go to another country to have their interview done, Egypt I know does several countries interviews.

Putting N/A or leaving all sections blank going to hurt us or not in this situation is what I am trying to figure out. India has several consulates if Mumbai is not the one assigned to her...

[MMantovani 0]

I was so excited to get approval in less than 4 months, but now USCIS has gone and made a mistake to set us back!

On the NOA2 it seems to think that my husband (the beneficiary) is in the US and will adjust status (and no we didn't submit a I-129F or petitions for children). Otherwise they say we have to file form I-824 (and pay $400 and wait another few months!!!) to have the petition sent to NVC. We clearly listed his foreign address and in Question 22 put N/A for the local office and indicated the London Embassy. Obviously they made a mistake and should have just sent the petition on automatically.

So we’ve put in a service request for them to correct this and will just have to wait some more I guess. Ugh! Has anybody else had to deal with this? How long should we expect to wait for NVC to get it now?

This happened to us as well except the attorney failed to see that it said adjustment of status and I didn't even bother taking a look at it After our approval I waited 15 business days like they recommend and I called the NVC they told me they would investigate and then notified me that my case was at the field office. I made an appt at the field office and that is when they told me that the reason they had my petition was because it said AOS. Its been 4 business day since this happened and when the attorney called USCIS they say that my case is at the NBC and that it was never at the field office. So bottom line they don't even know where my file is. I hope you have better luck then us.

[Dave and Kinnari 31]

Interesting. Any of the ones that got this NOA2, has your spouse (your applying for) ever been to the United States before?

The portion on where they ask if your relative has ever been to the U.S. I have clearly marked No.

Edited June 23, 2011 by Dave and Kinnari

[goonergirl 2]

My husband (the beneficiary) actually has an A-2 visa (a diplomatic visa for civil servants) so maybe that was a factor? But really I don't see why it should since it's not like he had entered on that visa and then we sent these forms in.

Interesting. Any of the ones that got this NOA2, has your spouse (your applying for) ever been to the United States before?

The portion on where they ask if your relative has ever been to the U.S. I have clearly marked No.

[Dave and Kinnari 31]

My husband (the beneficiary) actually has an A-2 visa (a diplomatic visa for civil servants) so maybe that was a factor? But really I don't see why it should since it's not like he had entered on that visa and then we sent these forms in.

It can be.

Anything that they have to look into can give them a doubt it seems.

Thank God my wife has never been to the U.S. She has never left India quite frankly. She just got her first passport after we got married.

[MMantovani 0]

Interesting. Any of the ones that got this NOA2, has your spouse (your applying for) ever been to the United States before?

The portion on where they ask if your relative has ever been to the U.S. I have clearly marked No.

My husband had a B1-B2 visa. I don't think being in the US has anything to do with it. When I called USCIS and I spoke to the 2nd tier person he said this was an error and sometimes this happens. Yes its an error but how long does it take to correct this.

[pushbrk 12,114]

Hmmm...interesting.

So, is this a section where it's preference for the person applying to choose an embassy/consulate closer to their current residence/home?

This section seems important for those that have to go to another country to have their interview done, Egypt I know does several countries interviews.

Putting N/A or leaving all sections blank going to hurt us or not in this situation is what I am trying to figure out. India has several consulates if Mumbai is not the one assigned to her...

In most countries only one City has a Consular Immigrant Visa Unit so only one issues petition based visas. India is one of a few an exceptions. Even so, regardless of which Embassy or Consulate is stated in the I-130, NVC will assign the case to the Consulate in who's district the beneficiary resides. For example, you can put Calgary or Vancouver on your I-130 but it will be assigned to Montreal anyway because all I-130 petitions for Canada end up there.

If USCIS and NVC do their jobs correctly, they'll see the current address of the Beneficiary and deal with the case appropriately. Sometimes they ignore the entire section. Recently I saw a current address in China at petition filing, where Manila was indicated as the City where the beneficiary would apply for a visa. NVC assigned the case to Guangzhou because when they received the case, they had no Philippine address. It was easily changed via email but this is how they work.

[Sergi9 110]

The above is dead wrong. The OP did exactly what they were supposed to do. This is a poorly written section of the petition (It's not an "application".) so your misinterpretation is understandable.

For adjusting status you fill in the left side and put N/A on the right. For a visa, do the opposite.

The problem is not only is the question poorly written its more that it is poorly formatted and visually confusing as well and without careful reading some folks skip it altogehter as the first part of the question relates to AOS.

The first question about AOS kind of overlays the entire box , when in fact its a two-part question ;

The first part is for AOS, what city and state

The second part if for those not eligible for AOS, (overseas consular filings)

what city and country

[Dan C. 18]

I received an update on my case today:

Your petition was approved on June 16, 2011 and has been forwarded to the National Visa Center (NVC) for further processing. We have corrected the error on your I-130 petition. We apologize for the error on your Approval notice and any inconvenience it may have caused you. You should receive an amended Approval notice within 30 days. Please direct your inquiry after 90 days to NVC at the following address: NVC, 31 Rochester Avenue, Portsmouth, NH 03801-2909. Direct any telephone inquiries to (603) 334-0700. You may also email your inquiry at nvcinquiry@state.gov.

So, it looks like they've made some errors on the approval notices, and we're onto the NVC! Good news; I'm very relieved.

[goonergirl 2]

Great news!!! Did this update come in the mail or email? I called USCIS for an update yesterday and Tier 2 officer just said they had pulled my case and were reviewing it. Fingers crossed!

I received an update on my case today:

So, it looks like they've made some errors on the approval notices, and we're onto the NVC! Good news; I'm very relieved.

[Dan C. 18]

The notice came via email this morning. According to the email, I should receive a paper copy of the corrected NOA2 within 30 days — though it'll likely be faster than that.

For everybody's reference, I called USCIS about the mistake on Wednesday of last week (22 June) and I got my response today (28 June) so the turnaround time was better than what I had expected.

I'm glad this has gotten resolved, and pleased that it was so quick. I'll check in the next few days with the NVC to see if they've gotten our case yet.

[Dan C. 18]

Interesting. Any of the ones that got this NOA2, has your spouse (your applying for) ever been to the United States before?

The portion on where they ask if your relative has ever been to the U.S. I have clearly marked No.

My wife is from Mexico, and grew up along the border, so she's had a U.S. tourist visa for almost her entire life. She currently has an active B2 tourist visa. Since she's been here countless times, I marked Yes, that she has been in the US before, but No, that she was not in the US when I filed the petition.

Having a tourist visa, or having visited the US with an tourist visa in the past shouldn't make a difference. At least, it didn't for us — our NOA2 simply had a typo. We hadn't filled out anything incorrectly on the I-130.

Edited June 29, 2011 by Dan C.