Next step question after approval of I130

[LM & J 0]

Question on the 2 options that appear below - Which is BEST, QUICKEST????

* I am U.S Citizen, and my husband is in India

 

I130 - PETITION FOR ALIEN RELATIVE

Notice Type: Approval Notice Section: Husband or wife of U.S Citizen, 201(b) INA

 

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

[Daphne . 1,888]

If your husband is outside of the US at the moment, your only option is to do it through consular processing (so at the US Embassy abroad) . He is not eligible for adjustment of status in the US. 

[Dashinka 24,601]

Only one option, consular processing.

 

Good Luck!

Edited December 27, 2022 by Dashinka

[Marieke H 2,519]

If your spouse is currently outside of the US, your ONLY option is consular processing.

Edited December 27, 2022 by Marieke H
Just re-read the post; only one option...

[powerpuff 6,736]

~~ Topic moved from Progress Reports to Process ~~
 

It seems like you made a mistake when filling out I-130 and did not indicate that your husband will be interviewing abroad. (Adjustment of status is not available for you as your husband is not in the US and is in India). What did you put in that section? Please have a look at your I-130. If the mistake was on your part, you will need to file I-824 which will take several months to process and the fee is $465. It’s a very costly mistake but you won’t be able to go forward without having that done. 

Edited December 27, 2022 by powerpuff

[LM & J 0]

Thank you everyone for the responses.

 

powerpuff:

I completed as per the instructions, the I-130, however maybe I was supposed to complete this section???

 

[powerpuff 6,736]

11 minutes ago, LM & J said:

Thank you everyone for the responses.

 

powerpuff:

I completed as per the instructions, the I-130, however maybe I was supposed to complete this section???

 

Yes, this part should have been completed correctly. You should have indicated which embassy/consulate the beneficiary will interview at. 
 

You don’t  have any choice but to file the I-824.

 

There was someone yesterday who made the same error:

 

Edited December 28, 2022 by powerpuff

[LM & J 0]

That question though was NEVER available Online for me to answer...I just noticed that the question does show on the copy I saved however.

 

From now on, I'll print copy of forms to be completed - to ensure the Online form is not missing anything.

[Lil bear 4,252]

7 minutes ago, LM & J said:

That question though was NEVER available Online for me to answer...I just noticed that the question does show on the copy I saved however.

 

From now on, I'll print copy of forms to be completed - to ensure the Online form is not missing anything.

Yes that is a very wise idea. Screen based presentation isnt always easy to thoroughly check due to formatting , scrolling etc. 

[pushbrk 12,979]

10 hours ago, Lil bear said:

Yes that is a very wise idea. Screen based presentation isnt always easy to thoroughly check due to formatting , scrolling etc. 

Another reason, I still advise against filing online.  Too many glitches in the form.  Not helpful to the OP, but this unforced error wiped out the possible few days of time saving by filing online and replaced it with several months to a year delay waiting for the I-824 to be processed.