How to transfer i-130 from AOS Application to NVC for a CR1 applicaiton?

[Aosap402 3]

Hi, I made a post a few days ago about a weird situation I was in due to my wife leaving the u.s before being issued her advanced parole for her AOS case. I am now trying to find out exactly what am I supposed to do to get that i-130 on file sent to nvc for processing. Will calling uscis customer service be able to get that done or is their some form I must complete to have that happen. Someone told me about i-824 however we are not sure if the application is approved or not and we are not sure who to ask for that information. Uscis customer service seems to only check case status and schedule things but they dont seem to be able to give specific info on what to do for certain issues. Basically im asking, how do i get that already filed i-130 to nvc and and i believe cancelling the i-485 is as simple as sending a letter requesting withdrawal. However i don't want to request withdrawal if that means the i-130 gets auto withdraw-led as well. Not sure of the rules. Thanks for any help guys.

[payxibka 10,044]

6 minutes ago, Aosap402 said:

Hi, I made a post a few days ago about a weird situation I was in due to my wife leaving the u.s before being issued her advanced parole for her AOS case. I am now trying to find out exactly what am I supposed to do to get that i-130 on file sent to nvc for processing. Will calling uscis customer service be able to get that done or is their some form I must complete to have that happen. Someone told me about i-824 however we are not sure if the application is approved or not and we are not sure who to ask for that information. Uscis customer service seems to only check case status and schedule things but they dont seem to be able to give specific info on what to do for certain issues. Basically im asking, how do i get that already filed i-130 to nvc and and i believe cancelling the i-485 is as simple as sending a letter requesting withdrawal. However i don't want to request withdrawal if that means the i-130 gets auto withdraw-led as well. Not sure of the rules. Thanks for any help guys.

Has the i130 been approved?

[C90 376]

27 minutes ago, Aosap402 said:

Hi, I made a post a few days ago about a weird situation I was in due to my wife leaving the u.s before being issued her advanced parole for her AOS case. I am now trying to find out exactly what am I supposed to do to get that i-130 on file sent to nvc for processing. Will calling uscis customer service be able to get that done or is their some form I must complete to have that happen. Someone told me about i-824 however we are not sure if the application is approved or not and we are not sure who to ask for that information. Uscis customer service seems to only check case status and schedule things but they dont seem to be able to give specific info on what to do for certain issues. Basically im asking, how do i get that already filed i-130 to nvc and and i believe cancelling the i-485 is as simple as sending a letter requesting withdrawal. However i don't want to request withdrawal if that means the i-130 gets auto withdraw-led as well. Not sure of the rules. Thanks for any help guys.

Your previous post was about your wife abandoning her AOS by leaving the country before her AP was granted. Did you already file the I-130 with USCIS? If so, there'll will be a wait of about 6+ months (depending on the SC that's processing her application) before it even gets to NVC.

 

Did you inform USCIS you guys won't show up for the green card interview anymore? I would at least inform them instead of being a no show.

[Aosap402 3]

10 minutes ago, C90 said:

Your previous post was about your wife abandoning her AOS by leaving the country before her AP was granted. Did you already file the I-130 with USCIS? If so, there'll will be a wait of about 6+ months (depending on the SC that's processing her application) before it even gets to NVC.

 

Did you inform USCIS you guys won't show up for the green card interview anymore? I would at least inform them instead of being a no show.

Her AOS has not been abandoned yet, it is still pending. I called uscis and they told me that they will have a tier 2 agent call back to give us more specific info but also said that what we would normally do is send a letter to the place processing our i-130 and send them an updated i-130 to show a change of the petition to outside the u.s. The AOS application has the i-130 included so yes, and we are not sure if it has been approved yet. We are waiting on the call back in the next hour and should find out more. Will let you guys know what the tier 2 agent says.

[Aosap402 3]

18 minutes ago, C90 said:

Your previous post was about your wife abandoning her AOS by leaving the country before her AP was granted. Did you already file the I-130 with USCIS? If so, there'll will be a wait of about 6+ months (depending on the SC that's processing her application) before it even gets to NVC.

 

Did you inform USCIS you guys won't show up for the green card interview anymore? I would at least inform them instead of being a no show.

Btw, her i-130 has been processing for 8 months already. So i doubt it will take that long to send it to nvc, its not a new application.

[payxibka 10,044]

7 minutes ago, Aosap402 said:

Btw, her i-130 has been processing for 8 months already. So i doubt it will take that long to send it to nvc, its not a new application.

It shouldn't take long but it needs to be approved first 

[Aosap402 3]

2 minutes ago, payxibka said:

It shouldn't take long but it needs to be approved first 

is the i-130 and i-485 still considered separate even if they are sent in the same package? if the i-485 is withdrawn, will the i-130 still continue processing and hopefully get approved and then sent to nvc on its own? or we will have to send them a letter telling them that the petition has changed from inside the u.s to outside the u.s and then they will send it to nvc when approved? im guessing thats how it works, please let me know if im wrong.

[milimelo 4,196]

Withdraw I-485 and follow your I-130 case status. Once it shows approved and you should get NOA-2 approval notice, file I-824 to move it to NVC for consular processing. 

[Aosap402 3]

1 minute ago, milimelo said:

Withdraw I-485 and follow your I-130 case status. Once it shows approved and you should get NOA-2 approval notice, file I-824 to move it to NVC for consular processing. 

Thank you so much for the much needed info. Will definitely do that. Thanks.

[Aosap402 3]

3 hours ago, milimelo said:

Withdraw I-485 and follow your I-130 case status. Once it shows approved and you should get NOA-2 approval notice, file I-824 to move it to NVC for consular processing. 

By the way I have a concern, I read somewhere that a previous application to immigrate such as the i-485 could be a reason they would deny my wife the cr1 at the consulate interview. Is this true? It is common for a denial at the consulate after the interview. We are in Guyana and this place is pretty corrupt so it concerns me that they could just decide to deny the visa for even a non-valid reason and their wouldn't be much way to appeal it.