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i130 Approved. USCIS says it will retain i130 Petition (AOS & Consular Processing)

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  • i130 Approved. USCIS says it will retain i130 Petition (AOS & Consular Processing)


    My wife is a US Citizen and applied for i-130 ONLINE on May 2022 for me. Later i filed i485(AOS) and i765(EAD) in July 2022 and requested USCIS to treat them as Concurrent Filing/Processing. I was on H1B in the past and I received EAD and AP combo card and I recently changed into EAD status.

    My i130 got approved in May 2023, and we received a Letter from USCIS saying the following :

    "The above i130 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."

    In i-130 form, my wife has selected both AOS(Adjustment of Status and Consular processing options i.e. items 61a, 61b, 62a,b,c , which is a mistake. Me and my wife live in USA and I seek Green card in USA through AOS. I hope USCIS does not send my i130 to National Record Center (NRC).

    What can I do to appeal to USCIS to send my approved i130 to local Field Office ?

    My wife who is a US Citizen sent a letter to Vermont Service Center requesting them to send my i130 to local feed office in Virginia. And I have uploaded the same Letter along with my i130 Approval Notice into my USCIS profile along with i485 Receipt Notice.

    Any Advice is appreciated , thanks in advance


  • #2
    There is nothing you need to do. USCIS retained the I-130 which is exactly what is needed for Adjustment of Status (I-485). Even if the I-130 had been sent to NVC, your I-485 would have caused USCIS to get the I-130 back, without you needing to file or do anything.

    This is my personal opinion and is not to be construed as legal advice.