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BeccaAndDani

I 130 NOA says beneficiary already in US but he is not...

By BeccaAndDani in IR-1 / CR-1 Spouse Visa Process & Procedures

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BeccaAndDani Newbie

BeccaAndDani   1

Posted
Filed: IR-1/CR-1 Visa Country: Argentina
 Timeline
Posted

Hi,

I am a USC and my husband is from Argentina.

We both are in living in Argentina and filed the I 130 petition at the chicago lock box.

The USCIS recieved our petition on Nov. 15th 2012.

On Dec. 14th 2012, we recieved an I-797 NOA "Notice Type: Approval Notice Section: Husband or wife of U.S. Citizen, 201 (b) INA"

I'm confused and think they may have made a mistake, because it reads:

"The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status. He or she should contact the local USCIS office to obtain form I-485, Application for Permanent Residence. A copy of this notice should be submitted with the application.

If the person for whom you are petitioning decides to apply for a visa outside the United States based on this petition, the petitioner should file form I-824, Application for Action on an Approved Application or Petition, to request that we send the petition to the Department of State National Visa Center (NVC)."

He is not in the US, both of us are in Argentina. Is this what the NOA normally says? Should we just follow the second part of the instructions and filled form I-824 Application for Action on an Approved Application or Petition?

Any help you can give me would be great, I'm really confused!

Thanks!

Rebecca

  • 2 months later...
faith26 Explorer

faith26   0

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted

Hi,

I am a USC and my husband is from Argentina.

We both are in living in Argentina and filed the I 130 petition at the chicago lock box.

The USCIS recieved our petition on Nov. 15th 2012.

On Dec. 14th 2012, we recieved an I-797 NOA "Notice Type: Approval Notice Section: Husband or wife of U.S. Citizen, 201 (b) INA"

I'm confused and think they may have made a mistake, because it reads:

"The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status. He or she should contact the local USCIS office to obtain form I-485, Application for Permanent Residence. A copy of this notice should be submitted with the application.

If the person for whom you are petitioning decides to apply for a visa outside the United States based on this petition, the petitioner should file form I-824, Application for Action on an Approved Application or Petition, to request that we send the petition to the Department of State National Visa Center (NVC)."

He is not in the US, both of us are in Argentina. Is this what the NOA normally says? Should we just follow the second part of the instructions and filled form I-824 Application for Action on an Approved Application or Petition?

Any help you can give me would be great, I'm really confused!

Thanks!

Rebecca

Hello.. How's your papers now? My husband also receives the same letter you got that the beneficiary is in the US and will apply for adjustment of status. May I ask what did you do to correct this? Thank You

TBoneTX Grand Master

TBoneTX   47,629

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

The OP hasn't logged on to VJ since January 24.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

BeccaAndDani Newbie

BeccaAndDani   1

Posted
Filed: IR-1/CR-1 Visa Country: Argentina
 Timeline
  • Author
Posted

Hello.. How's your papers now? My husband also receives the same letter you got that the beneficiary is in the US and will apply for adjustment of status. May I ask what did you do to correct this? Thank You

Hi!

I called the NVC and they said they send out standard letters like that, and that they were processing our case at the NVC and we would hear from them on what to do next. About a month later they sent us the agent/address forms to continue the process. So, it could be that your case is at the NVC now and waiting to be processed- call and see 603 334 0700!

Hope that helps.

  • 1 year later...
CanGirl Collaborator

CanGirl   95

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Hi, everyone! I know this thread is older, but I'm wondering how it turned out because I just received the same thing. I'm waiting for the Tx Service Center to call me back to explain this to me. Fingers crossed!

Hey I was in the TSC and received the same letter. I am not in the US either and I didn't need to file the i-824 form. I don't know why they are sending out incorrect information constantly. My husband called USCIS and after waiting on hold for 3 hours for a Tier 2 supervisor, they told him that our case was already sent to NVC.

I called NVC also and confirmed they had our case and I'm now waiting for my case number to be assigned.

Hope this helps! When in doubt call them and keep calling until you get the answer you want.

Texas Service Centre

Consulate: Montreal, Canada

02/14/13: Got Married

USCIS

10/16/13: i-130 Sent

10/25/13: NOA1

03/05/14: NOA2

NVC

03/11/14: NVC Received Case

04/10/14: Case Number and IIN Assigned

04/15/14: 4:07 PM: Received email from NVC that AOS Fee was ready to be paid

04/15/14: 4:28 PM: Received email from NVC containing Case number and IIN

04/15/14: DS-261 Available and Completed

04/15/14: AOS Fee Available and Paid

04/18/14: AOS Fee Shows PAID

04/18/14: EP ENROLL Email Sent (Received AutoReply)

04/21/14: IV Fee Invoiced

04/22/14: 4:23 PM: Received email from NVC that IV Fee was ready to be paid

04/24/14: IV Fee Available and Paid

04/25/14: IV Fee Withdrawn From Bank Account

05/02/14: IV Fee still "In Process" called NVC for supervisor to fix it

05/07/14: IV Fee Shows PAID

05/07/14: DS-260 Available and Completed

05/21/14: 10:29 AM: EP ENROLL Acceptance Email Received

05/28/14: AOS Package Emailed to NVC (Received AutoReply)

xx/xx/14: IV Package Emailed to NVC

xx/xx/14: Case Complete

xx/xx/14: Interview Scheduled

xx/xx/14: Schedule Medical

xx/xx/14: NVC Shipped Case to Consulate

xx/xx/14: Medical Complete

xx/xx/14: Interview at Consulate

xx/xx/14: Visa in Hand

xx/xx/14: POE

  • 4 weeks later...
pushbrk Grand Master

pushbrk   13,664

Posted
Filed: Other Country: China
 Timeline
Posted

Often the correct action is taken but the person manually triggering the printing of the notice presses the wrong button and prints the wrong boilerplate on the letter. All you can do is follow-up and make sure what happened to the petition. Usually, all is well, but check anyway, because usually is not always.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

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