I-130 not transfered to NVC from VSC

[solip71]

I (Miss.Saara) LPR of USA married (Mr.Reddy-Indian citizen) in Nov 1999

I being an LPR filed (petitioned) I-130 for my husband/spouse (Indian citizen) in Jun 2000 who was that time working in USA on H1b visa, and it (I-130 petition) got approved in Apr 2002. In the I-130 petitioned in June 2000 I mentioned that my spouse would adjust his status to LPR at Immigration & Naturalization Service at Newark, NJ or if not eligible for Adjustment Of Status will apply for visa at American Consulate in Ottawa, Canada, but right now he is in India and it is not possible for him to appear for immigrant visa interview at Ottawa., Canada.

In Aug 2002 my spouse moved to India for some personal reasons after an unlawful status of 10 months in USA which triggered a 3 year bar from USA, which he will finishing very soon. My husband also didn’t pay for 3 traffic (moving violations - speeding) tickets before he left to India and when I enquired with NJDMV to pay (New Jersey Department of Motor Vehicles) about my spouse’s tickets, they are saying that they don’t have his traffic records (moving violations - speeding) tickets.

In Jan 2005 I became USC and has mailed all the necessary documents (Naturalization certificate, I-130 receipts) to both NVC and VSC to Upgrade our I-130 petition from family second preference (F2) to immediate relative (IR).

In March 2005 I filed I-824 (Application for Action on an Approved Application or Petition - I-130) to upgrade I-130 petition from LPR to USC and also to notify NVC a different American Consulate (US Consulate at Chennai in India) about the approval of our I-130 application and also for further visa processing other than the one provided (as US Consulate in Ottawa Canada) in the earlier I-130 submitted in the June 2000.

Now Vermont Service Center is now Processing I-824 Cases with Receipt Notice Date of May 14 2005 while our I-824 is dated Mar 24, 2005. We did not receive a request for evidence, a decision, or another notice since March 2005. When I called the NVC they are saying that they did n’t receive our I-130 petition and they are advising us to call VSC and when we called VSC they are not properly responding or (giving the reason for not sending our file to NVC).

As for the immigration law once the I-130 is approved they are supposed to send the petition to NVC, but this didn’t happen in our case and when we call NVC they are saying that they didn’t receive our petition from VSC and when we call VSC they are not giving the reason why our petition is not moved to NVC.

Finally I took InfoPass Online Appointment and visited Newark, NJ Immigration office to find out what is going on, and they are saying that they took the complaint and need 60 days to expedite.

It is getting very tough to wait. Any guess why the VSC didn’t send my approved petition to NVC and could you please suggest me what to do.

My husband’s unpaid 3 traffic (moving violations speeding) tickets will they create a problem when applying (DS-230 Application for Immigrant Visa and Alien Registration) for visa, this is because in DS-230 application in Q. 31. Have you ever been charged, arrested or convicted of any offense or crime? If I say No and the consular officer finds out that I’m lying what will be the result.


Thank you very much,
I appreciate your help.
Saara
saarareddy@yahoo.com