I-864 mailed to NVC

[verdecolor]

Hi Everyone,

I am married to a USC (for 3 years). We applied for I-130 in December 2004 and it got an immediate approval. I wanted to travel and so decided to wait till I came back to the country to adjust my status. By that time(February 2005), the NVC began corresponding with us and asked us to pay the processing fee for I-864 processing, which we did and then subsequently we sent the I-864 to them. Well, for some reason, they assumed that I was interested in consular processing. I clarified that I was interested in adjusting my status and I sent I-485, I-693 etc. i.e. everything except the I-864 to the Chicago lockbox. I enclosed an exact copy of the I-864 as sent to NVC. Does anyone know if there is going to be a problem with that? Do NVC and USCIS communicate well with each other?

My specifics are:

Mailed I-485 (entire paperwork including copy of approved I-130) -June 10th
Receipt Notice -June 24th
FP-July 11 2005

Thanks in advance!!!

 

[cherr1980]

The NVC is the National Visa Center and is part of the Department of State not of Department of Homeland Security as USCIS. I don't know if the NVC will send to the USCIS your Affidavit of Support. Normally USCIS send information to the NVC when people do consular processing. When you sent the copy to USCIS (Chicago Lockbox) did you attached the receipt of I-864 from the NVC?

Normally if USCIS need more information or ask you again for an Affidavit of Support they will send you a RFE (request from USCIS for further information) and you must send more information.

These links can help you a little bit to understand how things works:
http://www.visalaw.com/04jun2/2jun204.html
http://www.immihelp.com/gc/consular/regular.html

For time frames and how within the USCIS works go to www.uscis.gov

The NVC is for consular processing that is why they assumed that you were filing on consular processing basis. There was no way they know what you were up to, that was make AOS not consular processing.

Good luck,

 

[verdecolor]

cherr1980,

Thank you for the information. That makes sense. I think sufficient time had passed between when we got our I-130 approved (December 2004) and when they
sent the I-864 processing bill, that they thought I was interested in CP.

I never recieved a receipt from NVC acknowledging the I-864 we mailed (June 8 2005). Unfortunately, we had sent a money order, not a check with it. So, there is no way we can find out what happened with the application or the fee.

I guess my only option is to wait and see if they send me an RFE.
Thanks again!