will be applying for "Adjustment of Status" but my case went to NVC

[rprp123 3]

I am already living in US with Student Visa since last 4 years and I am married to LPR. I filed I-130 in May 2014. My case got approved in Mar-2015 and Now I have received a letter from NVC saying "Your interview will be scheduled in Mumbai OR US Embassy".

I called NVC to tell them I will be adjusting status when my PD gets current but they told me call USCIS to let them know (which I already told them in I-130).

Should I pay AOS (affidavit of support) fees and VISA fees? Though NVC website clearly says you should not pay any fees to NVC if you will apply for "adjustment of status", When I called NVC, operator said you should pay all fees stated in letter because many people do this.

I don't know what to do? and How tell NVC to stop processing my case for consular processing. and USCIS to take back my case from NVC.

I already emailed NVC but haven't received any reply. Please help me.

[dwheels76 5,462]

I am already living in US with Student Visa since last 4 years and I am married to LPR. I filed I-130 in May 2014. My case got approved in Mar-2015 and Now I have received a letter from NVC saying "Your interview will be scheduled in Mumbai OR US Embassy".

I called NVC to tell them I will be adjusting status when my PD gets current but they told me call USCIS to let them know (which I already told them in I-130).

Should I pay AOS (affidavit of support) fees and VISA fees? Though NVC website clearly says you should not pay any fees to NVC if you will apply for "adjustment of status", When I called NVC, operator said you should pay all fees stated in letter because many people do this.

I don't know what to do? and How tell NVC to stop processing my case for consular processing. and USCIS to take back my case from NVC.

I already emailed NVC but haven't received any reply. Please help me.

You filed the wrong petition. If you were already here on a student visa you needed to adjust your status using the I-485 not a I-130 you are already here. Just call NVC to notifiy them that you are in the US. The paperwork will just sit anyway.

You needed to file the I-485 concurrently with the I-130 so they know its a adjustment of status.

On question 22 on the I-130 what did you put about the adjustment of status? 22. Complete the information below if your relative is in the United States and will apply for adjustment of status

Your relative is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the USCIS office in

[rprp123 3]

Please note that I am not married to US citizen, I am married to LPR and given that I am from India, I cannot concurrently file I-485. I will have to wait for my priority date to get current.

In question 22 I wrote: Jersey City, NJ

Edited June 16, 2015 by rprp123

[dwheels76 5,462]

Please note that I am not married to US citizen, I am married to LPR and given that I am from India, I cannot concurrently file I-485. I will have to wait for my priority date to get current.

In question 22 I wrote: Jersey City, NJ

Yes I saw that. But do you have to be current to actually file though? Or can you file and your petition just is on hold until you become current?

[rprp123 3]

Yes I saw that. But do you have to be current to actually file though? Or can you file and your petition just is on hold until you become current?

In F2A visa petition, We can file I-130 but cannot file I-485 until Priority date becomes current.

[rprp123 3]

If anyone had similar issues, please help me out.

[NancyNguyen 1,657]

1. Your WIFE needs to call NVC to tell them you are in the US at this moment so they will have your file forwarded back to USCIS. Your file is on its way to India now. You can't call USCIS because they will have no idea about you until you file AOS.

2. File I-485, I-765, I-131 along with copy of I-130 NOA and approval letter to Chicago Lockbox.

Make sure your F-1 student is still current to do so. Good luck.

Edited June 17, 2015 by NancyNguyen

[Hypnos 6,576]

OP cannot file an I-485 until their I-130 priority date becomes current. Given that they filed in May 2014 and F2A is currently at November 2013 then it will be another six months or so until they are able to file.

[alex06m 2]

(I don't know it you still need an advise.) Welcome letter from NVC is a standard procedure, just ignore it and wait till your PD becomes current and do not pay anything to NVC. Then (if you can still stay under your student visa) file I-485 and just notify NVC that you are filing in the US. It takes them up to 60days to answer if they do not loose your case, but you should be worried about this, because UCSIC themselves will request your case from NVC.

NVC always answers to spouse of LPR that the case should be proceeded at the Embassy even if the petitioner writes in the I-130 that the beneficiary is in the US and wants to file I485.

[rprp123 3]

(I don't know it you still need an advise.) Welcome letter from NVC is a standard procedure, just ignore it and wait till your PD becomes current and do not pay anything to NVC. Then (if you can still stay under your student visa) file I-485 and just notify NVC that you are filing in the US. It takes them up to 60days to answer if they do not loose your case, but you should be worried about this, because UCSIC themselves will request your case from NVC.

NVC always answers to spouse of LPR that the case should be proceeded at the Embassy even if the petitioner writes in the I-130 that the beneficiary is in the US and wants to file I485.

Thanks alex06m. I sent my I-485/I-765 package y'day. Hope everything works out fine.

btw, my status has changed to H1-b now.

Edited October 5, 2015 by rprp123

[alex06m 2]

Thanks alex06m. I sent my I-485/I-765 package y'day. Hope everything works out fine.

btw, my status has changed to H1-b now.

Great, you should be fine I guess. So you will get new EAD and AP (if you filed for it) and get your interview and GC within one year I hope. I wrote to NVC in June and I got an answer from them in August that they transfer my case to USCIS.

By the way the only one major in procedure for spouse of LPR and those of USC is that when you immediate relative of the USC nobody cares about your overstay. But I guess you don't have this problem, so good luck on your journey.