I don't think this has happened to anyone

[Subee9 1]

My wife, the petitioner, She misread information on USCIS website and thought that every case after i130 approval was automatically sent to NVC. She called NVC but they didn’t have our case. So, she requested with USICS to send my case to NVC. This was a mistake as I am here in united states legally (entered legally and I am still in legal status) and i will be applying for adjustment of status. So I spoke with USCIS representative, one guy said even if you requested to send your file to NVC its not going to be sent if in your i130 you said you want to adjust the status, which is precisely what was written in our i130. Then I spoke with an immigration officer and he said that I have to write a letter to USCIS explaining the situation. I am totally confused. By the way NVC does not have our case yet which means USCIS should still have our case. I wanted them to cancel that request somehow. but it seems like everything with USCIS is about process.

- Additional info: My wife, the petitioner is an LPR

- Priority date: Feb 2014

- I, the beneficiary, am in F-1 status

[arken 4,197]

I don't think you should worry. After your priority date becomes current, just file for AOS. If by that time USCIS has already sent your i130 approval to NVC (very unlikely), you can just inform NVC that you are doing AOS and not CP.

Even people who has selected CP on i-130 and started CP process can switch from CP to AOS later on. You had AOS selected on i-130 and had sent just a request to send to NVC.

refer to switching part on

http://www.***removed***/greencard/adjustment-of-status-vs-consular-processing.html

[Darnell 8,478]

when your priority date becomes current (check the monthly visa bulletin)

send in the I-485 with a copy of the I-130 approval notice to an address for USCIS.

USCIS will see what's what, and request the I-130 casefile be transferred back to them, regardless of where it is (NVC, NBC, NRC).

so for you, for now, i say -

don't sweat this, as:

1. it's extremely difficult to get the human that coded the shipping instructions on the approved casefile at uscis and

2. NVC won't care anything about it - they routinely send I-130 casefiles back for green card adjudication inside of the usa.

[Subee9 1]

Thank you guys. I spoke with a NCSC and they told me the same thing that if NVC has the casefile then USCIS will request the file once AOS is applied.