Jump to content
mmoraila

NOA2 says beneficiary is in US but he is not

By mmoraila in IR-1 / CR-1 Spouse Visa Process & Procedures

 Share

24 posts in this topic

Recommended Posts

mmoraila Rookie

mmoraila   1

Posted
Timeline
Posted

Hi everyone!! Help!!

so I have great news—our NOA2 came in and our petition was approved. 

However, it’s really weird. 

It says that the petition indicated that my husband is in the US (HE ISN’T) and he should now apply for adjustment of status but the petition actually clearly indicated that he would be applying for consular processing.

I’m not sure what to do now because the case has not been received by NVC. My husband has a tourist visa and now we’re afraid he won’t be able to visit/go back and forth between Mexico and the US. 

 

Please help!!! Is it common for NOA2 to state that?? 

Link to comment
Share on other sites
JFH Grand Master

JFH   12,189

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

I have seen this a few times lately. I will try to find the relevant threads so that you can see how they resolved it. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Link to comment
Share on other sites
JFH Grand Master

JFH   12,189

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Here's one from 9 years ago. Looks like you will need to file an I-824

 

'

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Link to comment
Share on other sites
Ryan H Grand Master

Ryan H   3,790

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Moved from Progress Reports to Process & Procedures.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Link to comment
Share on other sites
  • 2 weeks later...
pushbrk Grand Master

pushbrk   12,110

Posted
Filed: Other Country: China
 Timeline
Posted
On 3/24/2018 at 9:19 PM, mmoraila said:

Hi everyone!! Help!!

so I have great news—our NOA2 came in and our petition was approved. 

However, it’s really weird. 

It says that the petition indicated that my husband is in the US (HE ISN’T) and he should now apply for adjustment of status but the petition actually clearly indicated that he would be applying for consular processing.

I’m not sure what to do now because the case has not been received by NVC. My husband has a tourist visa and now we’re afraid he won’t be able to visit/go back and forth between Mexico and the US. 

 

Please help!!! Is it common for NOA2 to state that?? 

Look carefully at your copy of the I-130 and see if you indicated he was in the US at the time of filing.  Look also at what you entered in the section about adjusting status or consular processing.  If the first says no, and the second clearly indicates consular processing instead of adjusting status (meaning there is no city/state entered in the adjusting status field) then this is a USCIS mistake.  Call them, get a tier two representative try to resolve this.

 

If you indicated he was in the US but got the consular processing right, do the same.

 

If you indicated that he was in the US AND put something in the adjustment of status fields, then don't expect success with a phone call. Expect to file the I-824, as it was YOUR mistake, not theirs.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Link to comment
Share on other sites
mmoraila Rookie

mmoraila   1

Posted
Timeline
  • Author
Posted
2 minutes ago, pushbrk said:

Look carefully at your copy of the I-130 and see if you indicated he was in the US at the time of filing.  Look also at what you entered in the section about adjusting status or consular processing.  If the first says no, and the second clearly indicates consular processing instead of adjusting status (meaning there is no city/state entered in the adjusting status field) then this is a USCIS mistake.  Call them, get a tier two representative try to resolve this.

 

If you indicated he was in the US but got the consular processing right, do the same.

 

If you indicated that he was in the US AND put something in the adjustment of status fields, then don't expect success with a phone call. Expect to file the I-824, as it was YOUR mistake, not theirs.

Hi, 

I indicated we were NOT applying for AOS, and noted the consulate where we needed it to be forwarded to in the the application. 

We noted he was NOT in the US at the time of filing.

 

I've called USCIS, spoken to tier 2 officers, about 5 times at this point (every day I get a different officer, every day someone tells me something different). 

 

They seriously will not budge and I'm losing my mind. How long does it usually take for them to review this if it is their mistake?

Link to comment
Share on other sites
pushbrk Grand Master

pushbrk   12,110

Posted
Filed: Other Country: China
 Timeline
Posted

A month or so, if they are actually reviewing it.  What makes you think they are?

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Link to comment
Share on other sites
NikLR Grand Master

NikLR   13,220

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

If necessary call your senator or ombudsman.  Otherwise keep bugging the tier 2. Get their names. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Link to comment
Share on other sites
NikLR Grand Master

NikLR   13,220

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

It's a government official to help people with government issues.  Google it. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Link to comment
Share on other sites
mmoraila Rookie

mmoraila   1

Posted
Timeline
  • Author
Posted
On 4/6/2018 at 8:31 PM, pushbrk said:

A month or so, if they are actually reviewing it.  What makes you think they are?

Just as an FYI--and in case you use it to help others in the future--USCIS did not budge on our petition until we contacted our congressman. 

 

Yes, it was their mistake, as countless immigration lawyers told me (I am a recent law graduate myself, and this was the first time I  officially submitted these kinds of documents, ironically for myself). 

 

Thanks again for your help.

 

Link to comment
Share on other sites
NikLR Grand Master

NikLR   13,220

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted
3 hours ago, mmoraila said:

Thank you, NikLR. I contacted my congressman on Monday and by Tuesday our case was forwarded to NVC. I truly appreciate your help!

 

I'm glad you got it sorted out. :D

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Link to comment
Share on other sites
  • 4 weeks later...
Mallick Explorer

Mallick   37

Posted
Filed: IR-1/CR-1 Visa Country: Pakistan
 Timeline
Posted
On 4/7/2018 at 8:31 AM, pushbrk said:

A month or so, if they are actually reviewing it.  What makes you think they are?

hi .actuallywe got the same approval notice that benificiary is in the United States.and we already checked our form i130 .we didnt write anything regarding adjustment of status we field for counsellor processing my wife talked to tier 2 officer an s she listened our problem and and told my wife that it will be resolved with in 30 days and we will send you email. and she gave my wife reference number too. it's been more than a week but we haven't got anything yet  shoidl i wait or shoidl i call them coz I am afraid that they might send our case to NRC. please help 

Link to comment
Share on other sites
 
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
 Share
Go to topic listing
- 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...