smokeface

I'm having a really hard time understanding why there is even an option on the form for him already living in the US. If I am filing i-130 then shouldn't that automatically mean the beneficiary is outside the US?

Is it possible to obtain a tourist visa to get hom here then file the i-485 adjustment of status. Then he will be in the US and no need to transfer to NVC.

I'm assuming I just misunderstood and thought it was asking for the location he would go to when we do the adjustment of status. Why do they even allow you to choose both options? It is an online form, it should prevent you from choosing them both.

No we tried follow to join but messed that up as well. It was a unique situation where she was in Japan and he was in the Philippines and we didn't have the case transferred to PI on time. So we waited a little longer. Then COVID happened and we didn't file for him until Jan this year.

Unfortunately I have done some more research and it doesn't seem that simple. I read that I need to fill out form I-824 to indicate I want the petition sent to NVC. That is another $465 fee and more importantly probably another year of waiting for them to actually review. I am absolutely gutted right now that such a simple mistake has cost us so much time. It is so unfair that this mistake isn't able to to be rectified in an easier way. All I need for them to do is send the petition to NVC.

Sorry, he is outside the US.

I went back and looked at the application and see the issue. I did indeed indicate that he was already in the US and would apply for adjustment of status and also said he was abroad and would apply for a visa then apply for adjustment of status when hes in the US. How can I fix this? I really hope I don't have to do the petition all over again.

Hello, I have filed form I-130 to get my step son to the United States. We received an approval letter and the instructions seem odd to me. The letter states that the petition has been approved, however, I 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 I indicated both options, USCIS has retained the petition. What do I do now? Do I have to file form i-485 before he can even come here? We have waited 10 months for this petition and now we will have to wait who knows how long for the next one? I thought this petition would allow him to get a visa and come here then we will do the adjustment of status after he was here.