Switching to AOS when CP interview is already scheduled?

[ericf]

Dear all,

I'm in a bit of a conundrum here. I started I-130 2006 when i was living abroad and then in 2007 moved to the U.S. to start a doctorate degree. I guess given that i was living abroad when this was filed, the Consular Processing (CP) was automatically chosen. My priority date is 02JUN2006. In 2009, I had the petition approved and had to file some more papers. However, when I tried to switch to AOS at that time, I was told that I had to wait till my date becomes current.

On June 28, 2013, I got an email from NVC out of the blue saying that I already have an appointment scheduled end of August at an embassy outside U.S ( my date wasn't even current at that time). I'm currently processing H1B and I will be working at that time and don't have visa, time or money to go for that appointment. I was (and still am) wondering how i can switch from CP to AOS?

USCIS phone line is no help and says to contact the embassy. The embassy in its emails tells me to contact USCIS, while NVC tells me to contact both USCIS and the embassy.

This is a bit urgent now so would greatly appreciate any insight!

Thanks in advance for any help,

ericf

[bkwld]

just file AOS here. Just email or call NVC and inform them.

[ericf]

bkwld,

Thank you very much for your reply!

Another question if I may:

My original birth certificate is in the file at NVC/embassy and I don't have a copy on hand to send with I485. Should I file I-485 with the rest of the documents and hope that they will get the my original birth certificate from the file at NVC/embassy?

Thank you,

ericf

[bkwld]

No. You should send copy of your birth certificate. They will not get them from NVC/embassy. Find a copy.
You should not send Original to any place. NVC, Embassy, USCIS all do not require Original.

[ericf]

bkwld,

They (NVC) asked me several times for the original and certified copies were not good enough for them.

"
The document you submitted is not an original or certified copy of an original issued by the
appropriate government authority. The document must be an original, or a certified copy of
the original, bearing the original seal or stamp from the issuing authority.
[AAA 01/04/2011]
"

Only when I sent the original, they proceeded with the case.

So does that mean that I have to file I-485 with Affidavit of Support and Copy of Birth Certificate again even if i filed both earlier during CP? NVC on the phone told me that my file would be returned to USCIS if I file I-485 so the documents in the file would be available to USCIS.

[bkwld]

Sorry about that, I forgot NVC needs certified copy. Usually a recent copy from your country.
I-485 does not need original copy. Just good copy is fine. If NVC says they will send to USCIS that's fine but don't rely on that.
Submit I-485 now with copy.