Green Card Question (Family Based)

R

rahulddesai

Registered Users (C)
Here is my story in short:

- I am on H1B visa (4th year now) in the United States
- My wife is on Green Card, filed for citizenship in June 06. Case still stuck in FBI Name Check.
- Wife applied for my Green-card in Jan 2004. This case of course falls in the category of 'permanent resident filing for a spouse (F-2A)


Today I received a mail from the National Visa Center. The mail was addressed to my wife. The mail asked her to pay 'Affidavit of Support (I-864) Processing Fee Bill' for $70. It also had Choice of Agent and Address Form. The case number started with BMB. Originally my case number started with LIN. This is the case where my wife (green-card holder) filed an immigrant petition for me in Jan 2004.

What are these forms? I went to travel.state.gov and I found the following information at http://travel.state.gov/visa/immigrants/info/info_3178.html

The NVC processes immigrant visa petitions after the U.S. Citizenship and Immigration Services in the Department of Homeland Security (USCIS) approves them. When the immigrant visa case is current or about to become current, the NVC will send a bill to the petitioner asking him/her to pay an Affidavit of Support processing fee. The NVC will send the bill along with instructions on where and how to pay the bill.

What is all this supposed to mean? Can I expect that my case is close to being approved (or I am about to get a visa number)?

Please help! Appreciate your responses.
 
Give it about another year for your case to come current, unless your wife becomes a citizen before then. I'm assuming you'll file for adjustment of status within the US? I think you'll interact with NVC only if you do consular processing. If you're inside the US you don't need an immigrant visa, you'd file I-485 with USCIS. Did your wife indicate on the I-130 perhaps that you'll apply at a consulate?
 
Thank you everyone for your replies.

1. Since I am already in US on H1-B, would it be better to just file AOS or should I go for consular processing? I know I would have to go to India for consular processing but I am assuming that I would have to go on a fixed date when the interview is scheduled and then we can immediately come back, correct? Would I have to stay back several days in India if I go for consular processing?

2. What would happen if I just file AOS right now? Would they send me a letter saying that I cannot do AOS till my priority date is current or would they keep it on hold till my date becomes current?

3. Should I respond to the letter and send an e-mail to NVC saying that I am in USA and would like to do AOS or should I still send them the $70 fees?

4. Lastly, does anyone know any good immigration attorneys in the Chicago area?

- Rahul
 
rahulddesai said:
Since I am already in US on H1-B, would it be better to just file AOS or should I go for consular processing?
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Considering you are in the US, I cannot think of a good rason to do CP.

What would happen if I just file AOS right now? Would they send me a letter saying that I cannot do AOS till my priority date is current or would they keep it on hold till my date becomes current?
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They would cash your check and then immediately reject your case if your PD is not current.

Should I respond to the letter and send an e-mail to NVC saying that I am in USA and would like to do AOS or should I still send them the $70 fees?
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I'd probably tell them I want to do AOS.

Lastly, does anyone know any good immigration attorneys in the Chicago area?
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Why do you feel you need an attorney?
 
From the Department of State:

I am in the United States and would like to adjust status. How do I do that?

If you live in the U.S., you may be eligible for adjustment of status as a permanent resident. When your case becomes current, the NVC will send you a letter informing you that you may be eligible for adjustment of status and asking you if you will adjust or apply at a U.S. consular section abroad. If you inform the NVC that you will adjust status, the NVC will update your case record accordingly and retain your file until a CIS office requests it to process your adjustment application. If the NVC does not get a reply after 30 days, the NVC will begin processing your case as if you have chosen to process at a consular office abroad.

The NVC is not involved in adjustment of status. You should contact the CIS office nearest you for information, forms, and adjustment of status updates.

If the applicant is adjusting status with USCIS, what do I do about the fees requested by the NVC?

If you are adjusting status or planning to adjust status with the U.S. Citizenship and Immigration Service (USCIS formerly known as INS) refrain from submitting any fee bills to the National Visa Center (NVC) as these fees will not transfer to USCIS.
 
Seeing as your wife received the letter from NVC, it sounds like your case is moving forward along the Consular Processing path. You would probably be better off going the AOS route, but you cannot start that paperwork until your priority date becomes current.

My recommendation would be to write back to NVC with a copy of their letter with the barcode on it, and explain that you are in the US on H1 visa and intend to go I-485 when appropriate.

If you pay the I-864 fee to NVC, you'll either end up with defacto CP, or losing money on an Affidavit of Support that you'll need to resubmit later for AOS.
 
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