Case transferred to NVC

[MadamG 26]

Asking for a friend of a friend.

 

she is married to a USC and have been married for two years. Came here on a tourist visa which recently expired on 9/2019. She received a letter from USCIS letting her know that the case is being Transferred to the NVC. She is from Haiti by BTW.  In the letter she was advised that she can’t adjust status here in the us so the case was transferred to NVC. She has two kids both USC (which I know doesn’t matter) she isn’t sure what she is to do and neither am I.

 

any insight would be helpful. Keep the negative comments to yourself please to those that have them. Thanks for the help from those who that are trying.😊

[Fafa0109 9]

Hii can you send a better pic?? Thid one is really blurry

[MadamG 26]

@Fafa0109 this is the only pic I have. This really is for a friend

[Lucky2Lucky 2,526]

What did she apply for? Did she apply for I-485?

[MadamG 26]

@Luckycuds yes I-485

[Lucky2Lucky 2,526]

That’s strange as AOS is when you are in the US. I would post a better photo of the letter so we can see what it says.

[Quarknase 1,072]

The photo is really hard to decipher, but in the top right box where the form of petition is mentioned it looks like it's the approval notice for:

"Section: Husband or wife of permanent resident".

Now if I am reading this correct, this can mean many different things and it would be recommended that your friends friend registers here to provide more background to get better advice.

 

1/ If the friend of your friend is the spouse of a LPR, then it's correct. They cannot adjust in the US and must return to their country of residence for processing.

In that case they are currently overstaying, which (depending how long the overstay) can result in trouble such as being barred for a certain amount of time (I don't know the numbers on top of my head, but I believe the first bar kicks in after 90 days overstay - others might be able to advise better on this).

 

2/ If the petition approval is wrong, and the petitioner is indeed a USC, they might want to get in touch with NVC, or call USCIS (if the petition hasn't been sent to NVC yet) and provide proof of the petitioners citizenship.

 

3/ If the petitioner naturalized while the petition was pending, they should have notified USCIS after the Oath ceremony, and provide their naturalization cert as proof.

 

There are probably more possible scenarios, but it's all guess work...

 

Edited December 8, 2019 by Quarknase
advise/advice :D

[LilyJ 1,258]

50 minutes ago, Quarknase said:

I don't know the numbers on top of my head, but I believe the first bar kicks in after 90 days overstay - others might be able to advise better on this

Total of 180+ days overstay: 3 year bar

Total of 1 year or more overstay: 10 year bar