RFE received after 1 year (Merged x2)

[Crazy Cat 39,681]

12 minutes ago, Afghanguy said:

are they forwarding my case to NVC now?

No.  It appears the I-130 was improperly filled out.  You must submit an I-824 to USCIS to move the case to NVC:

 

"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)."

Edited December 27, 2023 by Crazy Cat

[Crazy Cat 39,681]

18 minutes ago, Afghanguy said:

she will not be applying for anything in morocco other than go to her visa interview whenever that time comes.

She will apply for a visa from Morocco when the case is at NVC...Then, she will attend an interview at the consulate in Morocco.  But, as the instructions say, you must file an I-824 to get the case to NVC.

Edited December 27, 2023 by Crazy Cat

[Afghanguy 6]

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).

 

 

It says if she wants to apply for immig visa outside of US then file 824...she is not filing out side of the US , so why are you telling me to file 824??

[Crazy Cat 39,681]

1 minute ago, Afghanguy said:

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).

 

 

It says if she wants to apply for immig visa outside of US then file 824...she is not filing out side of the US , so why are you telling me to file 824??

Where is she right now?

[Afghanguy 6]

2 minutes ago, Crazy Cat said:

Where is she right now?

she is in Morocco..i looked at my original 130 and made the mistake that she will file for immigrant visa in morocco..so now how do i correct this? see below from my original application..i should have left this blank

 

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:
62.a. City or Town Casablanca
62.b. Province Casablanca
62.c. Country
Morocco
NOTE:

[Crazy Cat 39,681]

4 minutes ago, Afghanguy said:

It says if she wants to apply for immig visa outside of US then file 824...she is not filing out side of the US , so why are you telling me to file 824??

I don't think you understand the process.  She can do only ONE of the following:

1.  Apply for adjustment of status via an I-485 IF SHE IS CURRENTLY inside the US, or

2.  Apply for a visa outside the US via a DS-260 which is submitted to the consulate in Morocco via NVC.

 

Your I-130 indicated she will do both.  That has confused USCIS, so your case is stuck there until she does either # 1 or until you submit the I-824 to move the case to NVC & Morocco.  If she is not in the US right now, she cannot do #1.

4 minutes ago, Afghanguy said:

she is in Morocco..i

Then, you MUST submit an I-824 to USCIS. 

[Crazy Cat 39,681]

7 minutes ago, Afghanguy said:

she is in Morocco..i looked at my original 130 and made the mistake that she will file for immigrant visa in morocco..so now how do i correct this? see below from my original application..i should have left this blank

 

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:
62.a. City or Town Casablanca
62.b. Province Casablanca
62.c. Country
Morocco
NOTE:

That is not a mistake.  That is correct.  She will be applying for a visa in Morocco.  The consulate issues visas.

Edited December 27, 2023 by Crazy Cat

[Afghanguy 6]

3 minutes ago, Crazy Cat said:

I don't think you understand the process.  She can do only ONE of the following:

1.  Apply for adjustment of status via an I-485 IF SHE IS CURRENTLY inside the US, or

2.  Apply for a visa outside the US via a DS-260 which is submitted to the consulate in Morocco via NVC.

 

Your I-130 indicated she will do both.  That has confused USCIS, so your case is stuck there until she does either # 1 or until you submit the I-824 to move the case to NVC & Morocco.  If she is not in the US right now, she cannot do #1.

Then, you MUST submit an I-824 to USCIS. 

ok thank you for clearing this for me appreciate your time...so i-824 i have to complete , does she have to sign it? i should also include the approved notice letter with it right...its 465$ fee for i824 dammmmm

 

 

[Afghanguy 6]

3 minutes ago, Crazy Cat said:

That is not a mistake.  That is correct.  She will be applying for a visa in Morocco.  The consulate issues visas.

so i messed up somewhere on the form right...i will look into i824 form and send it ...thank u

[Crazy Cat 39,681]

20 minutes ago, Afghanguy said:

ok thank you for clearing this for me appreciate your time...so i-824 i have to complete , does she have to sign it? i should also include the approved notice letter with it right...its 465$ fee for i824 dammmmm

 

 

No, she doesn't have to sign.  I would include a copy of the approval letter.

[Afghanguy 6]

2 minutes ago, Crazy Cat said:

No, she doesn't have to sign.  I would include a copy of the approval letter.

please look what i put for fields in the application..so u are correct my case is stuck now...i will file i824 tomorrow and mail it in along with their 465$ fee!

 

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:
62.a. City or Town Casablanca
62.b. Province Casablanca
62.c. Country
Morocco
 

and 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:
61.a. City or Town Bridgeport
61.b. State CT

[Crazy Cat 39,681]

2 minutes ago, Afghanguy said:

please look what i put for fields in the application..so u are correct my case is stuck now...i will file i824 tomorrow and mail it in along with their 465$ fee!

 

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:
62.a. City or Town Casablanca
62.b. Province Casablanca
62.c. Country
Morocco
 

and 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:
61.a. City or Town Bridgeport
61.b. State CT

Yes. There is your mistake.  She is not going to apply for adjustment of status as indicated in 61a & 61b.  Those should have been marked "N/A".  They were correct in requiring an I-824 to move the case to NVC & Morocco.

Edited December 27, 2023 by Crazy Cat

[Afghanguy 6]

8 minutes ago, Crazy Cat said:

Yes. There is your mistake.  She is not going to apply for adjustment of status as indicated in 61a & 61b.  Those should have been marked "N/A".  They were correct in requiring an I-824 to move the case to NVC & Morocco.

ok i will fill out thank u...there is no fee waiver for this form ? 465 is alot lol

 

now i have to wait 3 months for them to process this form...bummer

[Afghanguy 6]

3 hours ago, Afghanguy said:

ok i will fill out thank u...there is no fee waiver for this form ? 465 is alot lol

 

now i have to wait 3 months for them to process this form...bummer

hi there..i asked someone else on here about my issue and they are saying to note file 824 so now i am really confused..there reason pasted below

 

If you included a USCIS office,  at the #'s  62, the USC has to file a special form to change interview location to Casa as u are not interviewing in US /  there is a fee of over 500 but i have been looking and can't find the form #

 

u do not do the I 824  /u can not do AOS in USA 

 

sorry i don't know that number of form but the VJ comminity does so ask in main page

 

if the USC did not include a us office location and only put Casa,  she needs to write to the US office to have them correct their error as u are not doing AOS to adjust status 

[Afghanguy 6]

My notice letter on USCIS website says PETITION approved but retained by USCIS..can someone please shed some light on this as to what form I should fill out to correct this so that my case is forwarded to NVC. Someone told me to file 824 but another person told me to not file 824 which confused the hell out of me. My wife is still in morocco..she will get interviewed there and visa i assume issue at time of interview...I have pasted notice letter response below. thank you...So I need to file i824 and send this approval notice with the i -824?

 

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.