HELP Please - Parent I130 approved but AOS ineligible

Ok

KittenKat - Thanks for the advice and I do not see your comments as rude. I find them appropriate. I will get that advice and will post accordingly so that others can benefit.


dengdeng - Yes I did fill the address as my address. This is as he is living with me for the past 7-8 years with him flying out of country after every six months, staying in india for a2-3 weeks and then flying back. Could this be the reason for this f**kup?

I will keep you all posted and thanks for replying to my queries again
 
vision2001 said:
KittenKat - Thanks for the advice and I do not see your comments as rude. I find them appropriate. I will get that advice and will post accordingly so that others can benefit.
Click to expand...

Let us know! I was just speaking from my own sad experience when instead of asking a lawyer I just didn't (and wasted more time + money on my gc).
 
vision2001 said:
Now what do I do??
Click to expand...
Contact the NVC and let them know the AOS has already been filed (include a copy of the I-485 receipt and I-130 approval) and he will not be pursuing CP. If neither you nor USCIS contacts them within 30 days, they will proceed as if you chose CP, as they stated below. Which would complicate things, because your father is not going to show up for the CP.
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.
Click to expand...
 
Last edited by a moderator:
Jackolantern said:
Contact the NVC and let them know the AOS has already been filed (include a copy of the I-485 receipt and I-130 approval) and he will not be pursuing CP. If neither you nor USCIS contacts them within 30 days, they will proceed as if you chose CP, as they stated below. Which would complicate things, because your father is not going to show up for the CP.
Click to expand...

It seems obvious that a clerk in the USCIS made a mistake to have this case referred to be processed at abroad despite of pending I-485 especially when OP has now received a notice from NVC to asking $70 which is for processing of I-864 when a case is handled outside the US. So, without wasting anymore time or without listening to local office, OP should immediately write to NVC as Jack quoted here.
 
My strategy....

I think I will wait for 2 more weeks before I go for infopass as:

The hand delivered notice to me after the I485 interview was given on 8/13/09 said "waiting for I130 application". The officer also said he would have approved I485 there itself if the I130 was there in front of him. The notice also says to contact in 30 days if nothing heard (although previous infopass the officer told me 90 days). SO I will contact USCIS by 10/1/09 via Infopass.

Now for NVC, these guys will not move their asses till I pay 70$ for processing which again also avoids my dad a CP for the time being. I think you can wait for a year with these guys. The I485 is pending here with USCIS so my father does not have to leave the county. Hence I will wait and watch till 10/1/09 and then go for infopass and try to poke them AGAIN.


ALso I have contacted a lawyer and will update you guys as I get the info back. My hunch is that the lawyer will of course tell me to go for Infopass at USCIS ASAP.

Lemme know if I have gone crazy or this logic holds?
 
Write to NVC ASAP so they'll free up the files so USCIS can complete the processing. That will only cost you the price of mailing and a few cents to make photocopies of the I-130 approval and I-485 receipt. No use in waiting it out; clearly the case been (erroneously) transferred to NVC, and it will be in limbo until they act to send it back to USCIS.
 
You might as well try filing I-824 to get case from NVC to respective USCIS service center to adjudicate case, by any chance did you marked your dad is outside US in I-130/485, if not then it is an error
 
Update after talking to Lawyer

The same feedback as I got from USCIS officer.

They told me to lay back and wait for my I485 approval. Just do nothing. Also NVC has nothing to do with this case for AOS. Some dirtbag processed it wrongly and therefore it landed in NVC.

Also NVC will not start processing anything till I pay $70 charges.

So waiting in a Limbo:confused::confused:

Will update if anything turns up.

Thx
 
Did you write to NVC? Trust me, if you don't you will be sitting here next year still waiting for an answer.
 
Last edited by a moderator:
If NVC sits on it doing nothing and your case gets more complicated as a result, that creates more work (and more money) for your lawyer.

So go ahead and write NVC, with the letter explaining AOS was filed and a copy of the I-485 receipt and I-130 approval. In their own words, they're expecting you to respond in 30 days. Either they'll ignore your letter, no harm done, or they'll act on it. There is no risk and almost zero financial cost for you to respond to them.
 
Finally the good News of approval!

Got today that the case was approved with the message as

"On October 21, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283."


Thanks Guys for helping me out on this and this is a great place for finding like minded people who need help and direction.

Thanks Again :):):)
 
You must log in or register to reply here.
Top