Jump to content

8 posts in this topic

Recommended Posts

Filed: Timeline
Posted (edited)

I am petitioning for my father and his I-130 was approved. The main problem was that we were unable to prove his legal entry for some time because we couldn't locate his I-94 last year. We finally found it this year but I'm not sure whether his application material expired and we have to re-do everything.

I sent an email to NVC inquiring the current status and the only message I got back was:

"The National Visa Center (NVC) received your inquiry regarding the immigrant visa petition: MSCxxxxxxxxx filed by ______ on behalf of _________.

A packet containing the Immigrant Visa Application Processing Fee Bill and the Affidavit of Support Processing Fee Bill Invoice was sent to the attorney of record. The fees listed on the invoice must be received before the petition can be processed further.

Once the payment is received and processed, you will be given instructions on how to download the instruction packets and the appropriate forms online. You will need to mail the appropriate forms to the NVC in order to complete your immigrant visa processing."

Are the immigrant visa application processing fee bill and the affidavit of support processing fee bill for someone starting the process entirely over? We were near the very final step and the only thing missing was his I-94, which I have mailed (found I-94 number) to them already.

Edited by stuckonstep
Posted

Issue with Legal entry? Seems like you are chasing adjustment of status.

Adjustment of status does not go with NVC. Wrong place.

What are you pursuing?

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: Timeline
Posted (edited)

Issue with Legal entry? Seems like you are chasing adjustment of status.

Adjustment of status does not go with NVC. Wrong place.

What are you pursuing?

I am petitioning for my father's green card. His I-130 has been approved but the set back was that they needed proof of his legal entry into the US back in the 1990s. We filed a I-102 for his I-94 replacement but received a I-797E notice of action regarding this. They were unable to find it, but I finally found my father's I-94 number myself. I have mailed this I-94 number in response to this notice of action. I hadn't heard back so I tried to follow up with NVC to see where the case stands. Did I take the right steps? If not, who should I send my father's I-94 number too?

I believe we have paid all fees and I get this response back from NVC: A packet containing the Immigrant Visa Application Processing Fee Bill and the Affidavit of Support Processing Fee Bill Invoice was sent

I'm trying to determine the current status of my father's case and how to move forward, now that we have his I-94 number in hand.

Edited by stuckonstep
Filed: Timeline
Posted

Now I see that the I-130 was approved, but the I-94 is actually for the I-485 I believe.

The hold up on the I-485 was that they couldn't find his I-94 number, but I have it now. Any ideas on how to proceed from here?


There are many ways to "get a Greencard."

Is he in the US now?

Why does he need proof of legal entry in the 90s?

Yes, he is in the US now.

It's actually for the I-485. We already got the I-130 approved. For the I-485, they need sufficient evidence of legal entry into the US to get it approved so I finally tracked down and found his I-94 number. Any advice on how to proceed from here?

Posted

Okay yes. So what I suspected is that you are chasing adjustment of status in the US.

You do NOTHING with the NVC. No. That will lead you down a path where he has to leave the country. Do not communicate with them.

Have you submitted I-485 at all? If not, then you need to prepare that package, and then mail it along with a copy of the I-130 approval notice. The I-485 package involves many additional forms besides I-485

Or maybe you sent the I-485 already? What have you done?

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: Timeline
Posted

Okay yes. So what I suspected is that you are chasing adjustment of status in the US.

You do NOTHING with the NVC. No. That will lead you down a path where he has to leave the country. Do not communicate with them.

Have you submitted I-485 at all? If not, then you need to prepare that package, and then mail it along with a copy of the I-130 approval notice. The I-485 package involves many additional forms besides I-485

Or maybe you sent the I-485 already? What have you done?

I did sent the I-485 already. The problem is that, they wanted proof of his legal entry into the US. Does the I-485 expire?

I found his I-94 this year so I want to update them with this information. Basically, I'm not sure what status his I-485 is in at the moment or how to even send this new I-94 information to USCIS. I plan to call the USCIS customer service number tomorrow. Please let me know if I'm on the right path.

Posted

Okay, so you got a RFE I assume for proof of legal entry. You are given a set period of time to respond (usually 68 days). Do you still have time to respond or did you let the RFE time pass? Check the RFE letter for proof of legal entry.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...