I-130 approved with conditions

[Bluestraveler49 2]

Hello community,

 

My spouse has never visited or lived in the United States, and is applying for a CR-1 visa. We received our NOA-2 letter last week, and in the letter states that the petition was approved, however: "The petition indicates that the beneficiary is in the United States and wishes to apply for adjustment of status to a lawful permanent resident." It goes on to say that the beneficiary may not be able to file for AOS in the United States, their decision being based on evidence in the petition, and that the case was forwarded to NVC for determination of appropriate consulate (in our case, probably Moscow.) Questions:

 

1. Did I fill out the I-130 incorrectly, somehow indicating that my spouse was living in the United States?

2. What to do now? My case has been sent to NVC, should I contact them and inform them that my spouse is not residing in the US?

3. Will my NVC forms packet be sent to my mailing address in the US, or to my spouse overseas? I would prefer the former.

 

Fingers crossed that this is not a major setback in our journey, we have been eager awaiting this point for months!

 

Thanks

Edited August 18, 2019 by Bluestraveler49

[Lil bear 3,831]

12 minutes ago, Bluestraveler49 said:

Hello community,

 

My spouse has never visited or lived in the United States, and is applying for a CR-1 visa. We received our NOA-2 letter last week, and in the letter states that the petition was approved, however: "The petition indicates that the beneficiary is in the United States and wishes to apply for adjustment of status to a lawful permanent resident." It goes on to say that the beneficiary may not be able to file for AOS in the United States, their decision being based on evidence in the petition, and that the case was forwarded to NVC for determination of appropriate consulate (in our case, probably Moscow.) Questions:

 

1. Did I fill out the I-130 incorrectly, somehow indicating that my spouse was living in the United States?

2. What to do now? My case has been sent to NVC, should I contact them and inform them that my spouse is not residing in the US?

3. Will my NVC forms packet be sent to my mailing address in the US, or to my spouse overseas? I would prefer the former.

 

Fingers crossed that this is not a major setback in our journey, we have been eager awaiting this point for months!

 

Thanks

Hopefully you kept a copy of the I130 and can look at to see if you did or did not make an error 

 

Call  NVC and request to speak to a Tier  2 officer and see what they have on the system. 

[Ryan H 3,790]

***Moved from Progress Reports to Process & Procedures.***

 

**Moderator hat off**

 

2 hours ago, Lil bear said:

Call  NVC and request to speak to a Tier  2 officer and see what they have on the system. 

 

It's USCIS they need to call; NVC will be of no help to them at this juncture.

[NikLR 13,220]

If the file was sent to the NVC do nothing.  No physical forms packets are sent as everything is online. 

If the file was not sent to the NVC you need to call the USCIS and make sure it's forwarded to the NVC. 

[Bluestraveler49 2]

10 minutes ago, NikLR said:

If the file was sent to the NVC do nothing.  No physical forms packets are sent as everything is online. 

If the file was not sent to the NVC you need to call the USCIS and make sure it's forwarded to the NVC. 

The letter said that the petition was approved and forwarded to the NVC, and that my beneficiary will be contacted with info about immigrant visa processing steps. I am wondering if USCIS may have seen my mistake and realized my intention is for an original CR-1 visa, not AOS, and will proceed to forward my case to the requested consulate (Moscow). NVC should be sending me (petitioner) additional info also within the next few weeks, is this correct? I am worried that this might set back our timeline if not fixed soon.

[Hank_ 9,173]

11 hours ago, Bluestraveler49 said:

Hello community,

 

My spouse has never visited or lived in the United States, and is applying for a CR-1 visa. We received our NOA-2 letter last week, and in the letter states that the petition was approved, however: "The petition indicates that the beneficiary is in the United States and wishes to apply for adjustment of status to a lawful permanent resident." It goes on to say that the beneficiary may not be able to file for AOS in the United States, their decision being based on evidence in the petition, and that the case was forwarded to NVC for determination of appropriate consulate (in our case, probably Moscow.) Questions:

 

1. Did I fill out the I-130 incorrectly, somehow indicating that my spouse was living in the United States?

2. What to do now? My case has been sent to NVC, should I contact them and inform them that my spouse is not residing in the US?

3. Will my NVC forms packet be sent to my mailing address in the US, or to my spouse overseas? I would prefer the former.

 

Fingers crossed that this is not a major setback in our journey, we have been eager awaiting this point for months!

 

Thanks

Case file was forwarded to NVC, be patient for awhile until the case file arrives  ... NVC will be contacting you as you have AOS processing to complete there.

 

Personally I don't think you need to get stressed .. you will be able to address this with NVC ... shortly.

Edited August 18, 2019 by Hank_

[Lil bear 3,831]

12 hours ago, Ryan H said:

***Moved from Progress Reports to Process & Procedures.***

 

**Moderator hat off**

 

 

It's USCIS they need to call; NVC will be of no help to them at this juncture.

The OP stated that the information they have received states it was sent to NVC ... hence my response to call NCV  

[Ryan H 3,790]

1 hour ago, Lil bear said:

The OP stated that the information they have received states it was sent to NVC ... hence my response to call NCV  

 

My bad; however, when dealing with the NVC, you ask for a supervisor, their operators may not know what "tier 2" means.

[Allaboutwaiting 2,500]

You can call NVC once a week, to check if they already received the file and assigned a case number.

[pushbrk 12,110]

NVC = National Visa Center.  They don't handle adjustment of status.  They are part of the visa process.  You probably indicated your spouse's address correctly but made a mistake in another section of the form (or USCIS thinks you did).  No worries.  It is where it is supposed to be.  The wording of your notice is selected on a computer using a radio button.  It's also possible the data entry person simply selected the wrong button.  Either way, nothing to worry about.  NVC is where you want your case now.