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MadamG

Case transferred to NVC

By MadamG in Bringing Family Members of Permanent Residents to America

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MadamG Contributor

MadamG   26

Posted
Filed: IR-1/CR-1 Visa Country: Haiti
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Posted

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.😊

137BF9B0-0B46-4D5E-9391-8F52B88E6FBE.jpeg

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Lucky2Lucky Experienced

Lucky2Lucky   2,526

Posted
Filed: Citizen (apr) Country: Haiti
 Timeline
Posted

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

Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

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Lucky2Lucky Experienced

Lucky2Lucky   2,526

Posted
Filed: Citizen (apr) Country: Haiti
 Timeline
Posted

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.

Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

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Quarknase Proficient

Quarknase   1,072

Posted
Filed: F-2A Visa Country: Iraq
 Timeline
Posted (edited)

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 by Quarknase
advise/advice :D
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LilyJ Proficient

LilyJ   1,258

Posted
Filed: IR-1/CR-1 Visa Country: Denmark
 Timeline
Posted
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

Our CR1 Journey:

 

USCIS Stage:

  • Feb 14 2019: NOA1 (NSC)
  • July 31 2019: I129f NOA1
  • Sep 19 2019: I129f NOA2 (Denied - 50 days from NOA1)
  • Sep 19 2019: I130 NOA2 (Approved - 217 days from NOA1)

 

NVC Stage:

  • Sep 27 2019: Sent to Department of State
  • Oct 31 2019: Case number received (34 days since sent)
  • Nov 1 2019: IV & AOS fees received & paid
  • Nov 14 2019: IV & AOS submitted
  • Dec 18 2019: All docs accepted, but one additional doc requested (5 weeks from submission)
  • Dec 18 2019: Requested doc submitted
  • Feb 19 2020: Documentarily Qualified (9 weeks from 2nd submission, 14 weeks from first submission)

 

Interview Stage:

  • Mar 11 2020: Interview letter received
  • Apr 1 2020: Interview date
  • Mar 17 2020: Interview cancelled due to COVID-19
  • August 3 2020: Rescheduled letter received, new appointment August 25 2020
  • August 25 2020: Visa approved at interview! (558 days from NOA1)
  • September 10 2020: Embassy received passport in mail
  • September 15 2020: Passport with visa in hand

 

October 11 2020: Arrived in US!

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