Please Help with this USCIS/NVC ISSUE

[Joel25]

Hello,

My fiancée and I filled our fiance visa on april 2017 and we received and approval notice in September (NOA2) stating that our case would be transferred to the NVC within 2-4 weeks.
My fiance's congressman also made an inquiry with the NVC and she's awaiting a response and we have contacted the state senator also.
We know what is going on, and there were no issues with our application not even a request for evidence.
It has also been 7 weeks since the approval.

My fiancée sent an inquiry through the USCIS website and this is the respone that we received:

The status of this service request is:
On October 25, 2017, you or your representative contacted USCIS concerning your Form I-130 to notify us that your case is not located in NVC. Below is a summary of what we found and how the issue has been or may be resolved.
The petition indicated that the beneficiary would adjust status in the United States. Therefore it will not be forwarded to NVC. If you want your case to be forwarded to NVC, you will need to file a Form I-824, Application for Action on an Approved Application or Petition. You can download this form by visiting our website at www.USCIS.gov.
What You Can Do
Please see the "Online Services" below to check the status of your case in the near future. We apologize for the delay.
We hope this information is helpful to you.


We also received this from the NVC research yesterday:

Dear Sir/Madam:

The National Visa Center received your inquiry and the attached I-797 Notice of Action - Approval Notice. Unfortunately we do not have a record of receiving your approved petition from the U.S. Citizenship and Immigration Services (USCIS).

NVC will work with USCIS to determine the location of your petition. We will let you know when we have more information. You do not need to take any action at this time. Thank you for your patience as we work with USCIS to ensure your case is moving forward.

And parallely, we received the message I showed first today from the USCIS today.


We are totally stressed and worried about what is happening and what will happen.
If someone could help us about what to do.
This is very concerning for now.

Thank you for your help,

Joel

[rayb]

Did your original I-129F petition specify which U.S. consulate would be your interview location? If you misinterpreted that question, I-129F, page 8, 62.a. and 62.b., and did not indicate a foreign U.S. consulate location, that could be the reason for your problem.

Otherwise, submitting the I-824 to request your I-129F be forwarded to the NVC, for transfer to your Consulate for an eventual interview, might be the easiest way to break the ice on this problem. Unfortunately, the I-824 fee is $465.

--Ray B

Hello,

My fiancée and I filled our fiance visa on april 2017 and we received and approval notice in September (NOA2) stating that our case would be transferred to the NVC within 2-4 weeks.
My fiance's congressman also made an inquiry with the NVC and she's awaiting a response and we have contacted the state senator also.
We know what is going on, and there were no issues with our application not even a request for evidence.
It has also been 7 weeks since the approval.

My fiancée sent an inquiry through the USCIS website and this is the respone that we received:

The status of this service request is:
On October 25, 2017, you or your representative contacted USCIS concerning your Form I-130 to notify us that your case is not located in NVC. Below is a summary of what we found and how the issue has been or may be resolved.
The petition indicated that the beneficiary would adjust status in the United States. Therefore it will not be forwarded to NVC. If you want your case to be forwarded to NVC, you will need to file a Form I-824, Application for Action on an Approved Application or Petition. You can download this form by visiting our website at www.USCIS.gov.
What You Can Do
Please see the "Online Services" below to check the status of your case in the near future. We apologize for the delay.
We hope this information is helpful to you.


We also received this from the NVC research yesterday:

Dear Sir/Madam:

The National Visa Center received your inquiry and the attached I-797 Notice of Action - Approval Notice. Unfortunately we do not have a record of receiving your approved petition from the U.S. Citizenship and Immigration Services (USCIS).

NVC will work with USCIS to determine the location of your petition. We will let you know when we have more information. You do not need to take any action at this time. Thank you for your patience as we work with USCIS to ensure your case is moving forward.

And parallely, we received the message I showed first today from the USCIS today.


We are totally stressed and worried about what is happening and what will happen.
If someone could help us about what to do.
This is very concerning for now.

Thank you for your help,

Joel

[Joel25]

My fiancée called this morning the USCIS to see what was going on and the officer said that she should disregard because it was probably a mistake.

We submitted a service request earlier this week and the officer advised us to wait for an answer from that one because it would have the most up to date information. It was disturbing that he did not message California Service Center about this mistake so my fiance called back to see if someone could and that time they refused to transfer her and they said they actually don't have to take action until 90 days for the NVC to receive case files which contradicts the approval notice and even what the NVC says, but the Tier 1 representative insisted this was their policy.

It seems that each person says something different, another representative said they have no jurisdiction since it should be with the NVC.
The NVC did notify us earlier this week they would be working with the USCIS to get our case moving in their respose from the NVCResearch email.

There is so much going on we have no idea how this will come out.

Did your original I-129F petition specify which U.S. consulate would be your interview location? If you misinterpreted that question, I-129F, page 8, 62.a. and 62.b., and did not indicate a foreign U.S. consulate location, that could be the reason for your problem.

Otherwise, submitting the I-824 to request your I-129F be forwarded to the NVC, for transfer to your Consulate for an eventual interview, might be the easiest way to break the ice on this problem. Unfortunately, the I-824 fee is $465.

--Ray B

[Joel25]

Answer

My fiancée called this morning the USCIS to see what was going on and the officer said that she should disregard because it was probably a mistake.

We submitted a service request earlier this week and the officer advised us to wait for an answer from that one because it would have the most up to date information. It was disturbing that he did not message California Service Center about this mistake so my fiance called back to see if someone could and that time they refused to transfer her and they said they actually don't have to take action until 90 days for the NVC to receive case files which contradicts the approval notice and even what the NVC says, but the Tier 1 representative insisted this was their policy.

It seems that each person says something different, another representative said they have no jurisdiction since it should be with the NVC. The NVC did notify us earlier this week they would be working with the USCIS to get our case moving in their respose from the NVCResearch email.

There is so much going on we have no idea how this will come out.