Visa approved however...

[ChelseaPresutti 7]

Hi VJ community,

 

I sent in the requested RFE information yesterday and checked today and our visa was approved.  We are in Australia and will travel to the U.S in the next 6 months or so but the approval letter also said this....

 

The above petition has been approved. However, you indicated on the petition that the beneficiary intends to apply for an immigrant visa abroad at a U.S. Embassy or a U.S. Consulate and will also apply for adjustment of status in the United States. Since you have indicated both options, 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.

 

I assume we have ticked one too many boxes, I need to fill out form I-824 and send it to NVC for processing in Melbourne, Australia, right?  Wondering if this is also a long process?

 

Thank you :)

[pushbrk 12,979]

26 minutes ago, ChelseaPresutti said:

Hi VJ community,

 

I sent in the requested RFE information yesterday and checked today and our visa was approved.  We are in Australia and will travel to the U.S in the next 6 months or so but the approval letter also said this....

 

The above petition has been approved. However, you indicated on the petition that the beneficiary intends to apply for an immigrant visa abroad at a U.S. Embassy or a U.S. Consulate and will also apply for adjustment of status in the United States. Since you have indicated both options, 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.

 

I assume we have ticked one too many boxes, I need to fill out form I-824 and send it to NVC for processing in Melbourne, Australia, right?  Wondering if this is also a long process?

 

Thank you

Wow.  No, your visa was not approved.  The I-130 petition was approved.  Had you completed it properly to indicated a visa will be applied for (in Sydney, not Melbourne) the file would have been sent to NVC, and later to Sydney.  Because you said BOTH you wanted a visa AND to adjust status within the USA, you must now file an I-824 (with USCIS, not NVC) with its fee, and wait about another year, for the case to go to NVC.

 

NOT directed at you, but directed at all those who say, "If you have no complications, you do it yourself." I will say again, that's an incomplete (false) statement.  If you have the aptitude and motivation to do your homework, along with the necessary language skills including interpreting questions and instructions literally, and pay close attention to details, you PROBABLY can do it yourself, with some help from the members here.

 

Here is yet another example of how a simple mistake, can make one wish, well at least that they had done SOMETHING...."different".

 

Edited August 18, 2023 by pushbrk

[ChelseaPresutti 7]

@pushbrk Thank you for your response, we have successfully completed this process previously without a problem though that was before the distraction of two kids and a less hectic schedule!

 

With your/or anyone else's guidance regarding the form I-1824 we have multiple option in Part 2 reason for request. Is the most suitable option for us 1.d? 

 

OR can I enter the U.S with my family and apply once there?

 

I thought I after this step I received a temporary visa then applied for adjustment of status afterwards?

i-824 (1).pdf

[Boiler 45,670]

You have not completed any information or your timeline but it appears you are applying for an Ir1 Immigrant Visa and will pay the fee and be sent your GC after entry.

 

No adjustment.

 

Strongly suggest you read the Guides.

 

I assume you now need to fill the I 824 to point the case correctly to Sydney.

 

I also assume you have no basis to enter the US and adjust, that would be a K1 but seems you are married.

[EM_Vandaveer 2,408]

I-824 has to be sent to USCIS. Unfortunately this will cause a year-long delay in your process.

You can't enter the US with intent to file for adjustment of status. That'd be fraud.

Your immigrant visa, once issued is not a temporary visa, when you enter the US with it, you become a LPR. No adjustment of status necessary.

[ChelseaPresutti 7]

@EM_Vandaveer Hello! thank you for your response, can I ask why it would be fraud when the response to USCIS includes this....

 

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.

[Boiler 45,670]

4 minutes ago, ChelseaPresutti said:

@EM_Vandaveer Hello! thank you for your response, can I ask why it would be fraud when the response to USCIS includes this....

 

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.

You are not in the US, we are assuming you have no way of entering the US with the intent to immigrate. There are Dual Intent visa's but they seem unlikely from what you have posted so far.

[ChelseaPresutti 7]

@Boiler Thanks for the clarification.  I have researched the steps post I-130 approval and as far as I understand are this - We are up to no.3 but because i filled in a question I shouldn't have, I have now added on up to 12 months to my case to progress to step 4? And now have to proceed to fill out an I-824? Or would this be a necessary step anyway.  Could I call USCIS on the number they gave me or contact the AU consulate?  

 

1. U.S. Citizenship and Immigration Services (USCIS) Filing - Petition is mailed to USCIS.
2. Notice of Action 1 (NOA1) - Petition is received by USCIS.
3. Notice of Action 2 (NOA2) - Petition is approved or denied by USCIS.
4. National Visa Center (NVC) Phase - USCIS forwards case to NVC and collects fees and documents.
5. NVC to Embassy - NVC forwards your case to the U.S. Embassy in the nation of origin.
6. Embassy Letter - Embassy contacts you with further instructions.
7. Medical Exam - Foreign spouse schedules and completes required medical exam.
8. Embassy Interview - Foreign spouse is interviewed by the consular officer at the U.S. Embassy.
9. Visa Issued - The visa is pasted in the passport and the passport is returned to the foreign spouse.
10. Immigrant Fee - Immigrant fee is paid online.
11. Travel to U.S. - Foreign spouse has 6 months to enter the U.S.
12. Green Card Issued - Green card is mailed to home address within 2 to 4 weeks after arriving in the U.S

[EM_Vandaveer 2,408]

1 hour ago, ChelseaPresutti said:

@EM_Vandaveer Hello! thank you for your response, can I ask why it would be fraud when the response to USCIS includes this....

 

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.

Meaning if the beneficiary is ALREADY in the US. One cannot ENTER to US with intent to adjust, it's fraud.

[Teedee428 11]

1 hour ago, EM_Vandaveer said:

Meaning if the beneficiary is ALREADY in the US. One cannot ENTER to US with intent to adjust, it's fraud.

Your statement can be misleading because last time I checked, K1 visa holders (which does not apply in OP’s case I know) can enter the US with intent to adjust and can do so legally which is not fraud. 
please be clear and specific in the information you provide to people so people do not get the wrong information. 

Edited August 18, 2023 by Teedee428

[carmel34 3,639]

2 hours ago, ChelseaPresutti said:

I have researched the steps post I-130 approval and as far as I understand are this - We are up to no.3 but because i filled in a question I shouldn't have, I have now added on up to 12 months to my case to progress to step 4? And now have to proceed to fill out an I-824?

Yes, complete the I-824 is your next step, $465 and about a year for the approved petition to go to NVC.  Good luck!

 

https://www.uscis.gov/i-824

[MarmiteC 68]

3 hours ago, ChelseaPresutti said:

@Boiler Thanks for the clarification.  I have researched the steps post I-130 approval and as far as I understand are this - We are up to no.3 but because i filled in a question I shouldn't have, I have now added on up to 12 months to my case to progress to step 4? And now have to proceed to fill out an I-824? Or would this be a necessary step anyway.  Could I call USCIS on the number they gave me or contact the AU consulate?  

 

1. U.S. Citizenship and Immigration Services (USCIS) Filing - Petition is mailed to USCIS.
2. Notice of Action 1 (NOA1) - Petition is received by USCIS.
3. Notice of Action 2 (NOA2) - Petition is approved or denied by USCIS.
4. National Visa Center (NVC) Phase - USCIS forwards case to NVC and collects fees and documents.
5. NVC to Embassy - NVC forwards your case to the U.S. Embassy in the nation of origin.
6. Embassy Letter - Embassy contacts you with further instructions.
7. Medical Exam - Foreign spouse schedules and completes required medical exam.
8. Embassy Interview - Foreign spouse is interviewed by the consular officer at the U.S. Embassy.
9. Visa Issued - The visa is pasted in the passport and the passport is returned to the foreign spouse.
10. Immigrant Fee - Immigrant fee is paid online.
11. Travel to U.S. - Foreign spouse has 6 months to enter the U.S.
12. Green Card Issued - Green card is mailed to home address within 2 to 4 weeks after arriving in the U.S

 

I read your previous posts.  It seems you once had a K1 visa, you entered the US and then adjusted status.  Unfortunately in this case you are not legally permitted to do so.

 

As others have said, your only option is to file the I-824 this time.  The mistake on the petition causing this is costly in both money and time.

 

You cannot call USCIS about this not the consulate in Australia. The mistake now means this next costly step must be taken to progress.

[ChelseaPresutti 7]

@MarmiteC 

@carmel34

@Teedee428

Thank you all.  What a mistake I have made.  I spoke to a USCIS representative because I was confused about form 824.  We are living in AU and want to adjust status continue with our journey out of the Sydney consulate - I asked the representative if in PART 2 of the form below if option 1.b was the correct option for our circumstances she said 1.d and then 1.b so now I'm even more confused and so much more nervous we are going to muck it up!  

 

If I choose 1.d then how does the NVC office know to send it to Sydney consulate?  1.b would be most correct because I filled in both to complete filing in CT and also SYDNEY AU?

 

 

[Chancy 6,241]

1 hour ago, Teedee428 said:

Your statement can be misleading because last time I checked, K1 visa holders (which does not apply in OP’s case I know) can enter the US with intent to adjust and can do so legally which is not fraud. 
please be clear and specific in the information you provide to people so people do not get the wrong information. 

 

The message is clear in the context of this thread and the OP's situation, as the OP has no valid K1 visa (as you noted) and did not mention having any dual-intent visa either.  As such, it would involve fraud to use ESTA or a non-immigrant visa to enter the US with intent to stay and adjust status.  As others already mentioned, I-485 is not an option in this case.  OP should file I-824.

 

[EM_Vandaveer 2,408]

2 hours ago, Teedee428 said:

Your statement can be misleading because last time I checked, K1 visa holders (which does not apply in OP’s case I know) can enter the US with intent to adjust and can do so legally which is not fraud. 
please be clear and specific in the information you provide to people so people do not get the wrong information. 

I'm talking about OP's situation. K-1 & dual-intent visas are another story but neither of those apply to OP.