Question F2A AOS and I-130 approval sent to NVC instead of NBC

[f2a485 9]

Hi guys,
Is there anyone who is doing AOS but their I-130 approval file was sent to NVC instead of NBC?
If you are one of them, what reason did USCIS give on your I-130 approval notice for sending your file to NVC instead of NBC.

In my case, USCIS mentioned on the I-130 approval notice that the approved I-130 was sent to NVC because the beneficiary is not eligible to adjust in the US.

Even though the beneficiary in in valid F1 status and has never violated their status.

Anyone with the same issue, please share your experiences....

[kutko 1]

I do not remember what was written on i130 and I am not currently home. I filed for i485 on 08/01 and I ve receive email from NVC anyway that they have my case. I called them, they picked up within 20 min (not bad), they wanted my nvc case # (from the email) and I told them I was doing Aos in US. She said they sent my case to uscis 3 days ago. So dont worry much about it. Call them first, tell them what u think, hear what they say, they will probably tell you to file I 485 with a copy of approved i130, all I 20 and f1 visa. And you will tell her u have already done that and she will say then u r ok. For a peace of mind make an info pass or call uscis tier 2 and ask them whats going on with ur case. good luck. let us know. When i get home tonight i will check what is on mine i 130.

[f2a485 9]

Thanks for the response, please let me know what was written on yours once you get home.

And do you know how long it took NVC to contact you after you I-130 approval?

waiting.....

[kutko 1]

ok, here it is:

"the above petition has been approved. the petition indicates that the person for whom you are petitioning is in the US an will apply for AOS. He or she should contact the local USCIS to obtain form I485.

If the person for whom you are petitioning decides to apply for a visa outside the US the petitioner should file form I824...."

Sorry, quite different from yours. Reading yours it looks like VSC did not receive copies of I20, I94 and F1 visas with your I130 application packet, Thats my quess.

What I would do:

1. wait for hard noa2 then sent it to NBC center explaining that it belongs to your I485 application (include your 797 receipt #).

2. meanwhile call tier 2 uscis representative

3. if you have money talk to lawyer.

good luck my friend.

[f2a485 9]

ok, here it is:

"the above petition has been approved. the petition indicates that the person for whom you are petitioning is in the US an will apply for AOS. He or she should contact the local USCIS to obtain form I485.

If the person for whom you are petitioning decides to apply for a visa outside the US the petitioner should file form I824...."

Sorry, quite different from yours. Reading yours it looks like VSC did not receive copies of I20, I94 and F1 visas with your I130 application packet, Thats my quess.

What I would do:

1. wait for hard noa2 then sent it to NBC center explaining that it belongs to your I485 application (include your 797 receipt #).

2. meanwhile call tier 2 uscis representative

3. if you have money talk to lawyer.

good luck my friend.

Thanks a lot, yes I did not include I-20, 94 or copy of passport with my 130 application.

I spoke with a tier 2 officer and he said not to worry about it that I-130 is to establish relationship between petitioner and beneficiary only. That it is the I-485 that determines your eligibility to adjust. He asked if I had filed for I-485, I said yes and it was accepted. He then told me that if I were not eligible to adjust, the I-485 will have been rejected instantly because that the first thing that they check when they receive your 485 application is whether you are eligible to adjust or not.

He advised that I should call NVC, give them my 485 receipt number as ask them to return my file to NBC where my application is being processed.

[kutko 1]

Thats great. I am happy for you.

[michael_chen217 0]

Dear F2a 485

I just got my I 130 approved on Oct 30 th, but claiming that I am not eligible for AOS.

However, at the same time, the I 485 I submitted had been viewed and the officer already set up an appointment for interview on December (visa available).

And I call the NVC today ask them to transfer the file back to USCIS, they said it might take up to 8 weeks for receiving my materials.

Very confusing at this point.

If you could, please share your experience with me!

Very appreciate your help!

Best

[Gooner459 0]

Hello,

My case is similar to yours, but calling USCIS made it for confusing.

My approved I-130 was sent to NVC instead of NBC although I have already filed my I-485. Approved I-130 states that I am not eligible to file for adjustment of status. This is confusing since my I-485 application was received by USCIS last year, and in fact, i already had an interview for adjustment of status (F2A category). Unfortunately, shortly after, priority date was retrogressed and visa was no longer available for my case, therefore my AOS case is pending right now.

I called USCIS to ask if my approved I-130 was sent to NVC by mistake. The customer service representative told me that since my PD is not current, my case will stay in NVC. From my research of various forums, I am not quite satisfied with this answer and still believe that my case should be sent to NBC and will stay pending until the PD is current. What do you guys think? Any suggestion is helpful. Thanks!