I-130 for spouse apprvoed. However USCIS sent it to NVC for Conusellor Processing instead of Adjustment of Status as we requested.

[Titali]

Hello Everyone.
I am a US Citizen and have filed I-130 for my spouse last year. My spouse is on work visa (H1-B) and is in USA for last couple of years, without any immigration violations. During I-130, we clearly selected Adjustment of Status in USA option, as my spouse is in currently in USA. However when we got I-130 approval, it was mentioned that "as petitioner requests, we have send petition to US DOS National Visa Center (NVC). NVC determines which counselor post is appropriate consulate to complete visa processing"

Is it common, or its an error from USCIS end. How should we proceed now?
How long would she have to go to home country (India) if we keep counselor processing. Do I have to accompany her during counselor processing interview? Are odds of approval are less in counselor processing?

Thank you for your suggestions!

 

[newacct]

If she wants to do Adjustment of Status, she can file just I-485 at any time, with the I-130 receipt or approval notice, even if the petition has been sent to NVC. In fact, why didn't she file I-485 together with the I-130 initially?

 

[Titali]

Thank you. She is still doing her J1 waiver. Technically should not file for adjustment of status prior to completing 3 years of waiver job, that's why did not file 485 together.

Now that USCIS has sent it to NVC, we were thinking if there is any additional risk going NVC route? For eg; can she go to home country once her consulate interview is scheduled and get it done? (She goes to home country once a year anyways). Can counselor deny GC all together because of file being sent to NVC, instead of 485, or because she is residing in US at present? Am I expected to join her for consulate interview? Just wanted to know all expert opinion of pro and cons, additional risks etc.