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Bluestraveler49

I-130 approved with conditions

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Posted (edited)

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 by Bluestraveler49

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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. 

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***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.


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*

 

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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


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

 

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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.

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Posted (edited)
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 by Hank_

Hank

"Chance Favors The Prepared Mind"

 

 

HandArrow.gif       Visa Process at USEM for the Philippines;  https://www.visaconnection-philippines.com/us-embassy-usem.html

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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  

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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.


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*

 

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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.


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/

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