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SamKhouly

Case Routed Mistakenly to Consular Processing Instead of AoS

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Filed: F-1 Visa Country: Morocco
Timeline

Hello guys,

 

I have an approved I-130 with priority date Dec. 2015 category F2B. I am on a student visa/I-20 through 2015 until now. My priority date is coming current on June,. I was preparing to file AoS I-485, I received an email to fill in DS-xx electronically for consular processing. I am inside USA legally, what should I do? 

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Not sure if it was a mistake or not...depends on what was filled out on the I-130.

 

Doesn't matter, though...if you become eligible to file for AOS and are still in status at the time (see https://www.uscis.gov/visabulletininfo), you can just file for AOS normally. USCIS will retrieve the I-130 from NVC when they are ready for it. Nothing needs to be done at NVC.

If you will fall out of status, or was ever out of status, then you would be ineligible to file for AOS and would have to complete processing abroad.


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: F-1 Visa Country: Morocco
Timeline

Hello Geowrian,

Thanks for your response.

I didn't fall out of status the whole time. My physical/mailing address in I-130 was inside USA. In your opinion,  what might have triggered consular processing and not AoS?

I will proceed with filing AoS.

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1 hour ago, SamKhouly said:

I didn't fall out of status the whole time. My physical/mailing address in I-130 was inside USA. In your opinion,  what might have triggered consular processing and not AoS?

I will proceed with filing AoS.

Sounds good - you can AOS then.

 

Whether the case is consular processing or AOS is not based upon your address. It is based upon the answer to the question of where you will interview.

On the current I-130 (https://www.uscis.gov/sites/default/files/files/form/i-130.pdf), this is Part 4, questions 61 and 62.

For AOS, they would have answered "The beneficiary is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the U.S. Citizenship and Immigration Services (USCIS) office in"

For consular processing, they would have answered "The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in:"


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: AOS (pnd) Country: Colombia
Timeline

I have a question with respect to consular processing. If I am here in America and waiting for my AOS, can I switch to consular processing? I have already a work permit but no legal status on any other visa.  


2019-12-04:       I-765 / I-485 sent

2019-12-10:       NOA received

2020-01-03:       Biometrics appointment 

2020-04-30:       EAD approved

2020-05-07:       EAD received

2020-05-11:       RFIE letter received

2020-06-08:       RFIE response sent 

2020-07-20:       Status updated to "Case is Ready to Be Scheduled for An Interview" 

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