miker32us Posted June 15, 2006 Report Share Posted June 15, 2006 I just received the NOA2 in the mail that clearly says my I-130 has been approved... However below that it says my application indicates Adjustment of Status will be in the US, therefore please contact the office nearest me...... If the person you are trying to bring into the US is not in the US, please fill out form I-824, send it to this office and send us an additional $200 and we will send the application package to NVC (where it should have been sent in the 1st place)... I called USCIS and spoke to a case officer who told me there was nothing they could do, it is a simple mistake. I explained it was their mistake and it would add weeks of processing time to my application. All he said was he was sorry. There is nothing in my application package that indicates adjustment of status will be in thr US, it clearly shows my wife's address in Taiwan. Link to comment
Guest pushbrk Posted June 15, 2006 Report Share Posted June 15, 2006 I just received the NOA2 in the mail that clearly says my I-130 has been approved... However below that it says my application indicates Adjustment of Status will be in the US, therefore please contact the office nearest me...... If the person you are trying to bring into the US is not in the US, please fill out form I-824, send it to this office and send us an additional $200 and we will send the application package to NVC (where it should have been sent in the 1st place)... I called USCIS and spoke to a case officer who told me there was nothing they could do, it is a simple mistake. I explained it was their mistake and it would add weeks of processing time to my application. All he said was he was sorry. There is nothing in my application package that indicates adjustment of status will be in thr US, it clearly shows my wife's address in Taiwan.224472[/snapback]You've lost me. I see there was a mistake but you don't indicate the proposed solution or reason for any extended delay. What are they suggesting you do? Link to comment
miker32us Posted June 15, 2006 Author Report Share Posted June 15, 2006 I just received the NOA2 in the mail that clearly says my I-130 has been approved... However below that it says my application indicates Adjustment of Status will be in the US, therefore please contact the office nearest me...... If the person you are trying to bring into the US is not in the US, please fill out form I-824, send it to this office and send us an additional $200 and we will send the application package to NVC (where it should have been sent in the 1st place)... I called USCIS and spoke to a case officer who told me there was nothing they could do, it is a simple mistake. I explained it was their mistake and it would add weeks of processing time to my application. All he said was he was sorry. There is nothing in my application package that indicates adjustment of status will be in thr US, it clearly shows my wife's address in Taiwan.224472[/snapback]You've lost me. I see there was a mistake but you don't indicate the proposed solution or reason for any extended delay. What are they suggesting you do?224473[/snapback]The application should not be held at CSC, it should have automatically been forwarded to NVC. According to the USCIS my only option now is to pay the additional $200 and complete the I-824. Has anyone else seen anything like this. Link to comment
frank1538 Posted June 16, 2006 Report Share Posted June 16, 2006 I wish I had a solution to your dilemma, but I'm not sure there's much you can do at this stage. First, filing the I-824 may be the only way to correct USCIS' error. The I-824 does have a box to check requesting that an approved petition be sent to NVC. Unsually, this request applies to the I-140, Immigrant Petition for an Alien Worker. One possible explanation for the screw up might be that the case worker saw/input I-140 rather than I-130. Second, I don't think the $200 I-824 fee is waivable for USCIS error - just for financial hardship. Third, processing times for the I-824 are slow - maybe six months for CSC. Fourth, it may be that the case worker couldn't verify that the US had a consulate in Taiwan so assumed that it was an error on the I-130 to have listed AIT. The only thing that I can think of at this point is to contact NVC first and see if they can do something like requesting the files. If this fails, I might be inclined to contact AIT and see if it can start processing the IV application once the I-824 is filed and receipted by USCIS. Consulates have done this in the past on the I-140, so there might be a slim chance AIT would do this in your situation based on humaritarian and family unity reasons. Because the outcome is so outrageous (USCIS error causes more delays, causes more fees, etc.), I would hope there's a solution short of having to file the I-824. Good luck. Link to comment
M&L Posted June 16, 2006 Report Share Posted June 16, 2006 well, same thing happened to me, i also had to fill out I-824 before USCIS forward to NVC, that took me about 6 month total, and there's no other choice, just wait, be patient. Good Luck!! Link to comment
jemmyell Posted June 16, 2006 Report Share Posted June 16, 2006 Hello, Maybe the USCIS omsbudsman can look into this? I think it is his purpose to help with out-of-the-box cases. -James Link to comment
david_dawei Posted June 17, 2006 Report Share Posted June 17, 2006 sorry to hear of this... How set were you on pursuing the I-130... if you pursue it and it takes very long.. seems the K3 would maybe get to post first anyway. Have you thought to just let it go and only pursue the I-129F/K3 ? Link to comment
miker32us Posted June 19, 2006 Author Report Share Posted June 19, 2006 sorry to hear of this... How set were you on pursuing the I-130... if you pursue it and it takes very long.. seems the K3 would maybe get to post first anyway. Have you thought to just let it go and only pursue the I-129F/K3 ?224925[/snapback]David, I have not heard anything about the I-129F, I assume it is on hold pending the distribution of RFE's for the new I-129f. I spoke to USCIS service center Thursday afternoon, 6/15 and was told by the agent to call NVC and ask them to get CSC to forward the case to NVC. The person at NVC said this is never done and there is no procedure in place for this to to be done. Friday morning I called USCIS service center again and spoke to another helpful agent and told her of all this and asked if there was a telephone number or e-mail at CSC through which I could communicate to ANYONE out there and tell them of their mistake on the I-130. This very helpful agent told he they had no way of contacting their own USCIS service center, can you imagine that!!! USCIS cannot contact their own service centers even when it is their error!!! Anyhow this agent told me my ONLY option at this point is filing the I-824 and paying the $200 processing fee which I did. It appears this is going to add up to 6 months. Link to comment
miker32us Posted June 19, 2006 Author Report Share Posted June 19, 2006 Hello, Maybe the USCIS omsbudsman can look into this? I think it is his purpose to help with out-of-the-box cases. -James224666[/snapback]James - who is this omsbudsman and how can I get in touch with him!!!! When I spoke to NVC Friday the agent gave me a number at USCIS, 202-5144316 but I have not been able to contact anyone at this number so I do not know if it is the main number or an outdated one. Link to comment
david_dawei Posted June 19, 2006 Report Share Posted June 19, 2006 sorry to hear of this... How set were you on pursuing the I-130... if you pursue it and it takes very long.. seems the K3 would maybe get to post first anyway. Have you thought to just let it go and only pursue the I-129F/K3 ?224925[/snapback]David, I have not heard anything about the I-129F, I assume it is on hold pending the distribution of RFE's for the new I-129f. I spoke to USCIS service center Thursday afternoon, 6/15 and was told by the agent to call NVC and ask them to get CSC to forward the case to NVC. The person at NVC said this is never done and there is no procedure in place for this to to be done. Friday morning I called USCIS service center again and spoke to another helpful agent and told her of all this and asked if there was a telephone number or e-mail at CSC through which I could communicate to ANYONE out there and tell them of their mistake on the I-130. This very helpful agent told he they had no way of contacting their own USCIS service center, can you imagine that!!! USCIS cannot contact their own service centers even when it is their error!!! Anyhow this agent told me my ONLY option at this point is filing the I-824 and paying the $200 processing fee which I did. It appears this is going to add up to 6 months.225139[/snapback]That was my thinking about the CR1 being delayed now... I assumed that if the K3 craft jettisons out of IMBRA docks.. you will pilot that craft... But given the unknown nature, maybe best to let both continue for now... keep us updated... Link to comment
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