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  #1  
Old 14th August 2008, 12:25 PM
lboro lboro is offline
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I-130 approved but never reached NVC. Please help!!!

My wife will be taking her naturalization oath next week. I am currently on F-1 visa. We had applied for my I-130 in 2004 and it was immediately approved. Now we are planning to file my I-485 after her oath. And here is the problem - the approval notice that I received back in 2004 from CIS stated that my petition was approved and forwarded to National Visa Center. Now since she will become a U.S. citizen in a week we'd like to request an upgrade of my petition by notifying the NVC about her becoming a citizen. However when I contacted NVC I was informed that my approved I-130 petition was never received by NVC. Please advise what I should do in the situation when NVC never received my I-130 approved back in 2004. How should I upgrade my petition when NVC does not have it? Should I just omit this step of upgrading my application at NVC and file I-485 directly to CIS?

Thanks for you help!

Last edited by lboro; 14th August 2008 at 06:54 PM.
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Old 14th August 2008, 12:41 PM
whitemimauz3 whitemimauz3 is offline
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One reason i think is, you might have marked alien is in US in I-130 and USCIS is expecting the benficiary will file I-485 (AOS), due to this reason USCIS might not have sent file to NVC, and USCIS is under the impression that beneficiary will do AOS while in US. I believe you have to contact the respective service center who approved I-130 for upgrading your petition
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Old 14th August 2008, 12:59 PM
lboro lboro is offline
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Thanks for the reply. I already contacted USCIS and they claim that they forwarded my approved I-130 to Department of State's NVC and told me to contact NVC directly. NVC in turn says that they never received anything form USCIS. I don't know if I should just ignore NVC and send the I-485 package to USCIS with the copy of my approved I-130 and attached cover letter explaining the situation.
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Old 14th August 2008, 01:04 PM
whitemimauz3 whitemimauz3 is offline
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yes do so
file I-485 along with copy of I-130 with an explanation letter
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