Mistake in NOA2, advice needed

[kitchen_princess 1]

Our I-130 was approved recently. However, upon reading the NOA2 printed copy, we found that USCIS had made a mistake regarding my status: they think I am already in the US and that I want to adjust my status, whereas I am in Canada and have always planned to do my visa interview in Montreal. We clearly indicated this in our I-130 (I checked the copy I kept).

The NOA2 mentions that we can file an I-824 if we want to notify them of a change in our intentions and get them to send our file to the NVC. But I made a quick research on VJ and saw that I-824s normally take months to be processed. But I also read that, in cases like these, when the USCIS has made a mistake, you can call them and get them to send the file to the NVC without delay.

So my husband called USCIS today. The first person he spoke to told him he had to wait 90 days to make sure NVC doesn’t receive the file (!!!). He called again later and spoke to another person, who told him that all files are automatically sent to NVC, but that he needs to send NVC a letter indicating that he wants them to forward the file to the consulate in Montreal.

So now I’m confused, because the NOA2 says that, if I want to adjust my status from within the US (which, I repeat, is not what I want to do), I need to contact the local USCIS office and file an I-485. To me, this implies that my file has been sent to the local USCIS, not the NVC.

I feel like the USCIS people my husband has spoken to don’t quite understand the situation. Has anyone been in this situation recently and could share any useful info? I’m not sure what to do. Should we call the Ombudsman, or try talking to someone higher up at USCIS?

[longtrip 24]

Tell your husband to take an infopass to his local USCIS office. They will assist him there better than those folks on the phone.

I couldn't help to notice that you are a Belgian citizen living in Canada. I think if your file has to be sent to a consulate abroad, it will be in Belgium, NOT in Canada.

Edited June 24, 2013 by longtrip

[NikLR 13,234]

Tell your husband to take an infopass to his local USCIS office. They will assist him there better than those folks on the phone.

I couldn't help to notice that you are a Belgian citizen living in Canada. I think if your file has to be sent to a consulate abroad, it will be in Belgium, NOT in Canada.

Not if the person is a legal resident of that country, then it goes to where they're legally residing.

[longtrip 24]

That's true.

[Ryan H 3,901]

I couldn't help to notice that you are a Belgian citizen living in Canada. I think if your file has to be sent to a consulate abroad, it will be in Belgium, NOT in Canada.

Incorect

Not if the person is a legal resident of that country, then it goes to where they're legally residing.

Correct

[kitchen_princess 1]

Whew, you had me doubting myself there for a minute! But I am a legal resident of Canada, so no worries.

What frustrates me is that I am getting conflicting information from USCIS. The NOA2 states that I have to file a form to get them to send my file to NVC - in other words, they won't send my file to NVC if I don't take action. But on the phone, the USCIS person told my husband that they automatically send all files to NVC. Which is it?

My understanding is that files requesting consular action (such as those where the beneficiary is living abroad) are sent to NVC, and the others (such as the ones requiring adjustment of status) are sent to local USCIS offices. Am I correct?

I tried calling NVC to ask them if they receive all I-130 petitions or just consulate-related ones, but, predictably, they told me this had nothing to do with them and to try USCIS again. Sigh...

Tell your husband to take an infopass to his local USCIS office. They will assist him there better than those folks on the phone.

Thanks for the advice. He took an appointment, but we're still hoping to sort this out sooner.

[NikLR 13,234]

This is a USCIS issue. You may want to look up user "Darnell" who had the same problem and had to get a congressman's liaison involved to make sure the file went to the right place.