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  • I-130 Approved. What Now?

    Hello,
    I'm a US citizen and my wife lives and works abroad. After waiting for almost three long years, she finally got her I-130 approved. The letter they sent us is confusing. It says:

    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.


    My questions are: My wife already has a B1/B2 visa, is it best if she come to the US on her current visa and adjust status using I-485, or is I-824 better? She has a job overseas that she can't quit until she gets her Permanent Residence approved first. Also, did we go the wrong way by applying for I-130 this way which we thought would allow her to get her immigration visa, but it seems a waste of ~$600 and, yet, we still have to file another form, which will cost ~$1200?

    Thank you for any assistance with this matter.

  • #2
    Originally posted by aconfusedman View Post
    My questions are: My wife already has a B1/B2 visa, is it best if she come to the US on her current visa and adjust status using I-485​
    No, she cannot enter on B2 with preconceived intent to file I-485 during that stay.

    Originally posted by aconfusedman View Post
    or is I-824 better?​
    Yes, that would be the way to move the petition to NVC for Consular Processing

    Originally posted by aconfusedman View Post
    Also, did we go the wrong way by applying for I-130 this way which we thought would allow her to get her immigration visa, but it seems a waste of ~$600 and, yet, we still have to file another form, which will cost ~$1200?​
    Filing I-130 by itself is correct. However, on the I-130 you are supposed to fill in either Part 4 Investor Visa (E1, E2, E3) if the beneficiary will do Adjustment of Status, or Part 4 Media Visa - Foreign Media, Press, Radio (I) if the beneficiary will do Consular Processing. They are saying you did both, which is incorrect.

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

    Comment


    • #3
      Thank you for your reply. I appreciate it.
      When we initially filed Form I-130, we wanted to leave all options opened for my wife.
      When does the approved I-130 petition expire?
      Does Form I-824 also take longer to get approved just like I-130? Also, when do we expect to hear from NVC after this form is approved?​
      Thank you.
      Last edited by aconfusedman; 03-15-2023, 03:20 PM.

      Comment


      • #4
        When does the approved I-130 petition expire?
        Does Form I-824 also take longer to get approved just like I-130? Also, when do we expect to hear from NVC after this form is approved?​
        Thank you 😊

        Comment

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