Consular Processing - Need Immediate Help

A

AV8R

Registered Users (C)
Hello All,


My I-824 was approved in February of 2009 at Texas Service Center, which sent it to NVC in March 2009. But NVC returned it to TSC without informing them and without issuing an RFE to me or my lawyer. I worked through the local Senator's office to get the status on it and finally today I received a letter from Senator's office stating Texas Service Center's reply that my wife does not qualify for Follow to Join becuase her name was not mentioned on I-485 application.

To give you some background on my case, I was single when 485 was filed. I got married back home and exactly a month after my marriage the 485 was approved. My wife was applying for H-4 before the approval came and was not here in US and her name could not be added to 485. Hence per USCIS regulations, my wife qualifies for Follow to Join procedure, and thus, my lawyer filed the I-824. And I have all the paperwork to prove my claim.

Now TSC came back with the above statement and I am completely flabbergasted at it. I feel very hopeless at this situation and I have no idea what to do now. TSC recommends that I should file I-130.


I need guidance as to what to do. I am at a complete loss right now.

Thanks
 
Contact the consulate

I'm so sorry to hear about this.

I don't know which consulate you had planned to go to. But I would suggest that you contact the consulate directly as well and explain the situation to them.

I have received instant replies from the Chennai consulate immigrant email service. They have phone numbers to call as well.
 
Well, the embassy doesn't have any information on it yet, because NVC didn't do anything on the approved I-824. If NVC had processed the application further, only then the embassy would have received more info on my case. Texas Service Center and NVC both mishandled the case and now I do not know what to do with it. I have not idea who to contact and who to turn to.

Any help will be appreciated.
 
Maybe a consular processing attorney?

Maybe you can get an immigration attorney who specializes specifically in consular processing and see what can be done?

If you are from India, then I've known only the Murthy law firm helps with consular processing there.

Also, I've read of the consulates in India bypassing the NVC in some instances to process follow to join cases, in terms of approved vs. received I-824 cases. Maybe you can somehow, with the help of your attorney, convince the consulate that your marriage existed before your 485 petition and send this to your consulate?

I wish I could be of more help.
 
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