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MamaJoy

NVC steps on concurrent I-130, I-485 applications

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I concurrently filed I-130 to petition my father, I-485 (Adjustment of Status since he resides in US) and I-765 (Employment AUthorization). I-130 was approved last April and case was sent to NVC. Now I get a letter from NVC saying we pay fees and submit financial documents. It also says interview will be scheduled in Manila (not in US when my understanding is that if there is an AOS application, interview would be in US).

I read in NVC FAQs that I need to inform them if there is an AOS application. I called NVC and I was told to call USCIS to inform them. Tomorrow I will call. But my question is how can USCIS miss the AOS concurrent application? Has this ever happened to anyone? Also, will I submit to NVC again the same financial documents I already turned in I-485? What are the next steps once the I-130 is approved and there is a concurrent AOS application on file?

Also, where do I follow up the Employment Authorization application that was also in the same I-130 and I-485 application? When does the 90 days take into effect when they should have acted on it already?

Confused and annoyed,

Daughter petitioner


Petition for Mother:
May 18, 2013. I-130 Package mailed
May 20, 2013. I-130 Package delivered
May 22, 2013. NOA1
Dec. 16, 2013. Received RFE Letter
Jan. 29, 2014. Sent RFE evidences
Feb. 07, 2014. NOA2 - Approval of Petition
Mar. 25, 2014. Got NVC Case Number via email
Mar. 31, 2014. Paid IV Fee and AOS Fee
Apr 5, 2014. Completed online DS 260
Sept. 19, 2014. Arrived in US
Petition for father:
1/24/2015 I-130 Package delivered to Phoenix Lockbox
1/26/2015 Receipt of I-130 by USCIS
1/28/2015 NOA1
2/12/2015 Mailed I-485 & I-765
2/17/2015 I-485 & I-765 arrived in Chicago Lockbox
3/19/2015 Biometrics
4/13/2015 Approved I-130 (Priority date: Jan. 26, 2015)
6/1/2015 USCIS reply re service request on undelivered 3/12/2015 RFE letter from USCIS
6/3/2015 USCIS reply re service request for temporary work permit
6/10/2015 RFE for I-94 delivered to US Homeland Security

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hi

when you sent the whole package, did you send proof that he entered legally in the country? if not then immigration assumed that he entered illegally and sent the i130 to the nvc or if on question 22 you put that he would have his interview in his country, that can also be the problem why the i130

just notify nvc that your dad will adjust status in the US

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hi

when you sent the whole package, did you send proof that he entered legally in the country? if not then immigration assumed that he entered illegally and sent the i130 to the nvc or if on question 22 you put that he would have his interview in his country, that can also be the problem why the i130

just notify nvc that your dad will adjust status in the US

The I-130 has a portion where you can put the I-94 number to prove he entered legally. I did not see anywhere that I needed to turn in a copy of the I-94 as proof that he entered legally. On a hindsight I should have included it anyway. I did put in question no. 22 "if he is not eligible for adjustment of status to interview him in Manila". Should I have left that blank?

I emailed NVC about the adjustment of status aside from the phone call. Is that enough notification or do they need a formal letter?


Petition for Mother:
May 18, 2013. I-130 Package mailed
May 20, 2013. I-130 Package delivered
May 22, 2013. NOA1
Dec. 16, 2013. Received RFE Letter
Jan. 29, 2014. Sent RFE evidences
Feb. 07, 2014. NOA2 - Approval of Petition
Mar. 25, 2014. Got NVC Case Number via email
Mar. 31, 2014. Paid IV Fee and AOS Fee
Apr 5, 2014. Completed online DS 260
Sept. 19, 2014. Arrived in US
Petition for father:
1/24/2015 I-130 Package delivered to Phoenix Lockbox
1/26/2015 Receipt of I-130 by USCIS
1/28/2015 NOA1
2/12/2015 Mailed I-485 & I-765
2/17/2015 I-485 & I-765 arrived in Chicago Lockbox
3/19/2015 Biometrics
4/13/2015 Approved I-130 (Priority date: Jan. 26, 2015)
6/1/2015 USCIS reply re service request on undelivered 3/12/2015 RFE letter from USCIS
6/3/2015 USCIS reply re service request for temporary work permit
6/10/2015 RFE for I-94 delivered to US Homeland Security

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hi

if he is to adjust status in the US, he must prove that he entered legally in the country, the proof apart from copies of the passport where the visa is, copy of the i94,

since there was no proof of legal entry, to immigration he isn't qualified for adjustment of status, and that's why the approved i130 was sent to the NVC, to immigration, he entered illegally

question 22 has a left side and a right side, you complete one of the sides, depending if the beneficiary will have the interview in his or her country or the interview will be here in the US

one side it says city and country the other side states city and state

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hi

if he is to adjust status in the US, he must prove that he entered legally in the country, the proof apart from copies of the passport where the visa is, copy of the i94,

since there was no proof of legal entry, to immigration he isn't qualified for adjustment of status, and that's why the approved i130 was sent to the NVC, to immigration, he entered illegally

question 22 has a left side and a right side, you complete one of the sides, depending if the beneficiary will have the interview in his or her country or the interview will be here in the US

one side it says city and country the other side states city and state

I have seen approved I-130 in here where USCIS explicitly mentions that the petition is approved but beneficiary is not eligible to adjust status. I did not have that in our approval letter. It just said it was approved and sent to NVC. Given that the I-130 has I-94 information in it, I would assume USCIS would ask for RFE.

I know that question 22 has left and right side. The right side is the part that says "if beneficiary is not eligible....". The "if" part is for USCIS to determine and for them to inform the applicant about. As it is, the eligibility was never mentioned in the approval letter.


Petition for Mother:
May 18, 2013. I-130 Package mailed
May 20, 2013. I-130 Package delivered
May 22, 2013. NOA1
Dec. 16, 2013. Received RFE Letter
Jan. 29, 2014. Sent RFE evidences
Feb. 07, 2014. NOA2 - Approval of Petition
Mar. 25, 2014. Got NVC Case Number via email
Mar. 31, 2014. Paid IV Fee and AOS Fee
Apr 5, 2014. Completed online DS 260
Sept. 19, 2014. Arrived in US
Petition for father:
1/24/2015 I-130 Package delivered to Phoenix Lockbox
1/26/2015 Receipt of I-130 by USCIS
1/28/2015 NOA1
2/12/2015 Mailed I-485 & I-765
2/17/2015 I-485 & I-765 arrived in Chicago Lockbox
3/19/2015 Biometrics
4/13/2015 Approved I-130 (Priority date: Jan. 26, 2015)
6/1/2015 USCIS reply re service request on undelivered 3/12/2015 RFE letter from USCIS
6/3/2015 USCIS reply re service request for temporary work permit
6/10/2015 RFE for I-94 delivered to US Homeland Security

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Just an UPDATE:

Called USCIS about the NVC Welcome Letter. NVC should be sending a letter within 15-30 days retracting the letter that said we need to pay fees, submit visa application and financial documents, and that interview will be scheduled in Manila. USCIS confirms there should NOT be an interview in Manila if there is a concurrent I-485 Adjustment of Status application on file.

We also learned that USCIS was not able to deliver the I-485 AOS application packet to my father's address (which I am guessing might have caused the NVC mix-up) but this AOS letter will be resent.

All well and good... :dancing:

Edited by MamaJoy

Petition for Mother:
May 18, 2013. I-130 Package mailed
May 20, 2013. I-130 Package delivered
May 22, 2013. NOA1
Dec. 16, 2013. Received RFE Letter
Jan. 29, 2014. Sent RFE evidences
Feb. 07, 2014. NOA2 - Approval of Petition
Mar. 25, 2014. Got NVC Case Number via email
Mar. 31, 2014. Paid IV Fee and AOS Fee
Apr 5, 2014. Completed online DS 260
Sept. 19, 2014. Arrived in US
Petition for father:
1/24/2015 I-130 Package delivered to Phoenix Lockbox
1/26/2015 Receipt of I-130 by USCIS
1/28/2015 NOA1
2/12/2015 Mailed I-485 & I-765
2/17/2015 I-485 & I-765 arrived in Chicago Lockbox
3/19/2015 Biometrics
4/13/2015 Approved I-130 (Priority date: Jan. 26, 2015)
6/1/2015 USCIS reply re service request on undelivered 3/12/2015 RFE letter from USCIS
6/3/2015 USCIS reply re service request for temporary work permit
6/10/2015 RFE for I-94 delivered to US Homeland Security

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hi

with immigration you cannot assume anything,

I did assume right. Called USCIS and they're fixing the mix-up. Thank you for helping out. :-)


Petition for Mother:
May 18, 2013. I-130 Package mailed
May 20, 2013. I-130 Package delivered
May 22, 2013. NOA1
Dec. 16, 2013. Received RFE Letter
Jan. 29, 2014. Sent RFE evidences
Feb. 07, 2014. NOA2 - Approval of Petition
Mar. 25, 2014. Got NVC Case Number via email
Mar. 31, 2014. Paid IV Fee and AOS Fee
Apr 5, 2014. Completed online DS 260
Sept. 19, 2014. Arrived in US
Petition for father:
1/24/2015 I-130 Package delivered to Phoenix Lockbox
1/26/2015 Receipt of I-130 by USCIS
1/28/2015 NOA1
2/12/2015 Mailed I-485 & I-765
2/17/2015 I-485 & I-765 arrived in Chicago Lockbox
3/19/2015 Biometrics
4/13/2015 Approved I-130 (Priority date: Jan. 26, 2015)
6/1/2015 USCIS reply re service request on undelivered 3/12/2015 RFE letter from USCIS
6/3/2015 USCIS reply re service request for temporary work permit
6/10/2015 RFE for I-94 delivered to US Homeland Security

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