IR-1 process, I-184 form - help please!

[SimonB86 0]

Hello, 

 

My wife and I have recently received approved of the first part of our IR-1 process and the I-130 for spousal visa was accepted, but we received notification that we did not indicate on the petition whether the beneficiary intends to apply for an immigrant visa abroad at a U.S. Embassy or a U.S. Consulate or will apply for adjustment of status in the United States. As we don't live in the USA I assume we need to indicate that we intend to apply for an immigrant visa abroad at a U.S. Embassy. But I have a question... 

 

We lived in Canada when we applied, but have recently moved to the Netherlands, and legally live here now, should we complete the I-184 form with our new Netherlands address, or do we need to change our address with USCIS first?  We tried to do this previously but it only gives options to change to a US address... If we complete the I-184 with our new address will it automatically update the application so they will then consider this our new physical address? 

 

Any advice is much appreciated. 

 

Many thanks, Simon

[Verrou 1,962]

complete with ur new address. but u need to change ur address with USCIS too. 

it wont automatically update, u have to do it manually.  have u try AR-11 online from USCIS ?

[SimonB86 0]

The AR 11 form seems to be changing an address inside the USA, we need to change our address from our Canadian address to our Netherlands address, is there another form for this? 

[pushbrk 12,968]

8 hours ago, SimonB86 said:

The AR 11 form seems to be changing an address inside the USA, we need to change our address from our Canadian address to our Netherlands address, is there another form for this? 

Just use the new address going forward.  An earlier poster was incorrect.  Your case moves forward through the Dept. of State, not USCIS.  Once the visa is issued and used, the file will go back to USCIS with the new address and the address in the USA where they are to send the green card.

 

I'm more concerned about the source of confusion about adjusting status or consular processing.  If USCIS is saying they don't know which, then the gave you a way to tell them, and they won't send the case to the National Visa Center until they get an answer.  You said your I-130 was "accepted".  Do you mean "approved" or is this a request for information from them prior to approval?  Please clarify, so proper advice can be given.

[SimonB86 0]

Hi pushbrk, 

 

To clarify the I-130 has been approved, and we received a letter in the USCIS system which states the following: 

 

The above petition has been approved. However, you did not indicate on the petition whether the beneficiary intends to apply for an immigrant visa abroad at a U.S. Embassy or a U.S. Consulate or will apply for adjustment of status in the United States. Therefore, USCIS has retained the petition. If the beneficiary intends to apply for adjustment of status in the United States, they should submit a copy of this notice, along with a Form I-485, Application to Register Permanent Residence or Adjust Status. They can obtain Form I-485 from the USCIS website at www.uscis.gov, by contacting the USCIS National Customer Service Center (NCSC) at 1-800-375-5283, or by visiting the local USCIS field office. Filing address information can be found on the USCIS website at www.uscis.gov. If the beneficiary decides to apply for an immigrant visa outside the United States based on this petition, you should file Form I-824, Application for Action on an Approved Application or Petition, to request that we send the petition to the U.S. Department of State National Visa Center (NVC). The NVC processes all approved immigrant visa petitions that require consular action. The NVC also determines which consular post is the appropriate consulate to complete visa processing. It will then forward the approved petition to that consulate. The NVC will contact the beneficiary of this petition with further information about immigrant visa processing steps.

 

Based on this should we simply complete the I-184 document with our new Netherlands address? To clarify, both the petitioner and applicant are in the Netherlands, so neither of us is in the USA. 

 

Any help is much appreciated. 

[pushbrk 12,968]

3 hours ago, SimonB86 said:

Hi pushbrk, 

 

To clarify the I-130 has been approved, and we received a letter in the USCIS system which states the following: 

 

The above petition has been approved. However, you did not indicate on the petition whether the beneficiary intends to apply for an immigrant visa abroad at a U.S. Embassy or a U.S. Consulate or will apply for adjustment of status in the United States. Therefore, USCIS has retained the petition. If the beneficiary intends to apply for adjustment of status in the United States, they should submit a copy of this notice, along with a Form I-485, Application to Register Permanent Residence or Adjust Status. They can obtain Form I-485 from the USCIS website at www.uscis.gov, by contacting the USCIS National Customer Service Center (NCSC) at 1-800-375-5283, or by visiting the local USCIS field office. Filing address information can be found on the USCIS website at www.uscis.gov. If the beneficiary decides to apply for an immigrant visa outside the United States based on this petition, you should file Form I-824, Application for Action on an Approved Application or Petition, to request that we send the petition to the U.S. Department of State National Visa Center (NVC). The NVC processes all approved immigrant visa petitions that require consular action. The NVC also determines which consular post is the appropriate consulate to complete visa processing. It will then forward the approved petition to that consulate. The NVC will contact the beneficiary of this petition with further information about immigrant visa processing steps.

 

Based on this should we simply complete the I-184 document with our new Netherlands address? To clarify, both the petitioner and applicant are in the Netherlands, so neither of us is in the USA. 

 

Any help is much appreciated. 

No.  You should reply indicating the Netherlands address and that you will seek an immigrant visa through Amsterdam.  Then USCIS will send the case to the National Visa Center.  Once you hear from NVC, use the current address going forward.

 

[SimonB86 0]

Reply how? I don't see any option in the USCIS to "reply" to their letter - sorry if this is a stupid question - The only option I see in the system to change address only has boxes to be completed as though it is a US address. 

[pushbrk 12,968]

8 hours ago, SimonB86 said:

Reply how? I don't see any option in the USCIS to "reply" to their letter - sorry if this is a stupid question - The only option I see in the system to change address only has boxes to be completed as though it is a US address. 

You're right.  This is what they told you to do if you are seeking a visa.  Unfortunate, but that's life.  Attention to detail is so critical in this process.

 

 If the beneficiary decides to apply for an immigrant visa outside the United States based on this petition, you should file Form I-824, Application for Action on an Approved Application or Petition, to request that we send the petition to the U.S. Department of State National Visa Center (NVC)