Submitted AOS but got a letter from NVC?

[Jilldora]

Hello. I’m an LPR, and I had filed an I130 for my husband, who had entered the USA as a J1, and now currently holds an F1 visa and has been physically here the whole time back in 2017 (Priority date Nov 6, 2017).

The I130 got approved this July 9, 2019, and we had sent in the AOS package (485, 765, 131, 693, 864) on August 16, 2019 as his priority date was current. We got the I797C in about 10 days, biometrics appointment less than a week after that, and my husband just did his biometrics last September 11, 2019. As you can see, it’s coming on fairly quick.

Then we get an email from the NVC, saying they got our case, gave us a case ID, invoice ID, saying we need to sign up and pay fees so they can start processing. Now this all seems familiar to me, so because we are in such a hurry to get it all done, we jump the gun and pay the financial support fees and the visa fees. Notice something redundant? Yes, we had already paid for those when we submitted everything to USCIS.

So my question is, why did we get that NVC email asking us to do what we had already did and paid for when we submitted an AOS package and my husband is physically and lawfully present here in the US? I just read that the consular interview will be at the US embassy in Manila (we are from Philippines). And how do I cancel those transactions, became over $400 is not something I want to lose.

thanks for any help.

[azblk]

Hello. I’m an LPR, and I had filed an I130 for my husband, who had entered the USA as a J1, and now currently holds an F1 visa and has been physically here the whole time back in 2017 (Priority date Nov 6, 2017).

The I130 got approved this July 9, 2019, and we had sent in the AOS package (485, 765, 131, 693, 864) on August 16, 2019 as his priority date was current. We got the I797C in about 10 days, biometrics appointment less than a week after that, and my husband just did his biometrics last September 11, 2019. As you can see, it’s coming on fairly quick.

Then we get an email from the NVC, saying they got our case, gave us a case ID, invoice ID, saying we need to sign up and pay fees so they can start processing. Now this all seems familiar to me, so because we are in such a hurry to get it all done, we jump the gun and pay the financial support fees and the visa fees. Notice something redundant? Yes, we had already paid for those when we submitted everything to USCIS.

So my question is, why did we get that NVC email asking us to do what we had already did and paid for when we submitted an AOS package and my husband is physically and lawfully present here in the US? I just read that the consular interview will be at the US embassy in Manila (we are from Philippines). And how do I cancel those transactions, became over $400 is not something I want to lose.

thanks for any help.

You should have asked for advice before paying the fees, it is unlikely you will get that money back. What you should have done is send an email to NVC telling them your husband is in the US and you are pursuing AOS and not consular processing.

You can still try to email them regardless and tell them your husband will be doing AOS instead since he already is present in the US and that you want a refund but like I noted earlier it is unlikely that you get a refund but there is no harm in asking.

[Jilldora]

Yes I know, we shouldn’t have just paid anything right away. What’s frustrating is that I did know something about either needing to do the consular processing or being able to AoS but my brain didn’t clicked, been tired doing 80-hr work weeks..I did write a couple emails already and hopefully I get a reply soon. I tried calling too but since I call at 4 in the afternoon, the prerecorded message basically tells me that there’s too many calls and to call back and then hangs up on me. Anyway, thanks.

[Nyc_2018]

I got that same email, USCIS seems to do that when you file the I-130 first, but the email from NVC did say do not pay if you filed an I-485.

Just count the money as a lost, and get confirmation from USCIS that the visa will be sent back to the US as soon as possible.

NVC does not answer the phone, on their website, there is Public Inquiry Form use that to contact them and explain the details about your case and they will tell you what steps to take.

It may be a possibility if your husband gets Advance Parole he can travel to the US embassy in Manila but ask a lawyer about that

If USCIS can confirm that the visa will be sent back to the US even tho you paid NVC, and you guys still will be getting an interview, then just wait it out!