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Pleasework89

Should I contact USCIS about changing embassy?

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Okay, so when I applied for my spouse's I-130 petition as a US citizen, I wrote down the embassy that is in the same city where he resides. The thing is, that embassy does not do immigrant visas. Do I have to revise it at the USCIS level, or do I wait until it goes to the NVC stage? I am afraid that they will "retain" the application until I change it to the right embassy/consulate that does immigrants visa. I have heard from a lot of people on the Facebook groups who accidentally choose both adjustment of status and consular processing that ended up having their approved I-130 retained until they clarify which they want. In the meantime they have to file a form called I-824 with their choice of adjustment or consular processing. That form is $456!!! I don't want to have to spend more money and time. So has anyone been able to change embassies at the USCIS stage? Or should I risk it possibly be retained because the chosen embassy does not handle immigrant visas? Thanks in advance.

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Filed: Lift. Cond. (apr) Country: China
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Lets get the semantics out of the way first, you didn't apply for anything, the I-130 is your petition since you're the US Citizen, and it's also not an application.

 

To answer your question, listing the incorrect post is common error that is simply overlooked by USCIS.  Once the file reaches the NVC, they'll see where your spouse resides and route it appropriately.  You won't have to file an I-824 and pay that fee.

 

Don't get worked up about what you hear on Facebook groups, misinformation in abundance tends to come out of there.

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1 hour ago, Ryan H said:

Lets get the semantics out of the way first, you didn't apply for anything, the I-130 is your petition since you're the US Citizen, and it's also not an application.

 

To answer your question, listing the incorrect post is common error that is simply overlooked by USCIS.  Once the file reaches the NVC, they'll see where your spouse resides and route it appropriately.  You won't have to file an I-824 and pay that fee.

 

Don't get worked up about what you hear on Facebook groups, misinformation in abundance tends to come out of there.

So if I wrote the embassy of Beijing instead of the consulate of Guangzhou, they would route it to Guangzhou and dismiss the Beijing option?

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Actually, I just had a somewhat similar situation. I correctly wrote the consulate in Japan where we live, but when it got to NVC they somehow assigned it to Tokyo. I used the public inquiry form and told them of the mistake and it took about a month but was properly changed. So, you can wait until it gets to NVC to address the issue.

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14 hours ago, Pleasework89 said:

So if I wrote the embassy of Beijing instead of the consulate of Guangzhou, they would route it to Guangzhou and dismiss the Beijing option?

I am pretty sure at NVC, they will know. Especially China is the 3rd largest source of immigration to the US. You won't be the first one nor the last one to make this mistake.

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14 hours ago, Pleasework89 said:

So if I wrote the embassy of Beijing instead of the consulate of Guangzhou, they would route it to Guangzhou and dismiss the Beijing option?

 

Unlike in Japan, there is only one US consulate that processes immigrant visas for residents of mainland China.  NVC knows this.  If the beneficiary's physical address is in China, NVC will assign the case to Guangzhou, regardless of the embassy listed on the petition.

 

What could be an issue is if you also filled out the section in the petition saying that the beneficiary intends to adjust status in the US.  If you did not leave that section blank, the petition could get stuck in limbo.  Did you leave that section blank like you were supposed to?

 

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16 hours ago, Pleasework89 said:

So if I wrote the embassy of Beijing instead of the consulate of Guangzhou, they would route it to Guangzhou and dismiss the Beijing option?

Exactly.  Happens all the time.  Your hypothetical about mentioning both adjusting status and consular processing is a different matter.  Unless you actually did that, it's irrelevant.  

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