Please help anyone about NVC and I-485

[Yuzu]

Hi RayB and anyone who can help me,

Last week i just got a letter from NVC about they received my case and they said a visa number is unavailable.
When i'm apply I-130 only, my husband still GC holder, but recently become a U.S. citizen and also at the same time, my petition got approved.

So yesterday i send a letter to NVC about upgrade a petition to immediate relative and proceed with AOS and a copy of my husband naturalization certificate and a copy of my approval petition.

So what should we do right now?
Can we apply form I-485 right away to USCIS without waiting a reply letter from NVC?
Or we need to wait a reply from NVC and then we apply form I-485 to USCIS?

Thank you so much for your help.

Yuzu

[rayb]

Wait until you get confirmation from USCIS that they have upgraded the petition, then submit the I-485 and supporting documents with the proof of petition change and the approval NOA for the petition.

Since your package is now with the NVC, you must report your husband's citizenship to USCIS, then send all documenst for Adjustment of status, as described above, to USCIS.

--Ray B

Hi RayB and anyone who can help me,

Last week i just got a letter from NVC about they received my case and they said a visa number is unavailable.
When i'm apply I-130 only, my husband still GC holder, but recently become a U.S. citizen and also at the same time, my petition got approved.

So yesterday i send a letter to NVC about upgrade a petition to immediate relative and proceed with AOS and a copy of my husband naturalization certificate and a copy of my approval petition.

So what should we do right now?
Can we apply form I-485 right away to USCIS without waiting a reply letter from NVC?
Or we need to wait a reply from NVC and then we apply form I-485 to USCIS?

Thank you so much for your help.

Yuzu

[Yuzu]

Hi RayB,

You said i need to report my husband's citizenship to USCIS by mail or phone?
If i need to report by mail, do u know the address?
And if report by phone, is it the correct number 1-800-375-5283?

Thank you so much for your help.

Yuzu

Wait until you get confirmation from USCIS that they have upgraded the petition, then submit the I-485 and supporting documents with the proof of petition change and the approval NOA for the petition.

Since your package is now with the NVC, you must report your husband's citizenship to USCIS, then send all documenst for Adjustment of status, as described above, to USCIS.

--Ray B

[rayb]

I did not advise you to report your Naturalization status by phone. You need to report it to the NVC or USCIS by paper so that you have proof of it being reported.

On second thought, however, though reporting to the NVC is a good idea, it's probably wasted motion of you are doing an I-485 submittal and include copy of your I-130 Approval NOA and copy of your Naturalization Certificate.

--Ray B

Hi RayB,

You said i need to report my husband's citizenship to USCIS by mail or phone?
If i need to report by mail, do u know the address?
And if report by phone, is it the correct number 1-800-375-5283?

Thank you so much for your help.

Yuzu

[Yuzu]

Thank you so much RayB for your help.

Yuzu.

I did not advise you to report your Naturalization status by phone. You need to report it to the NVC or USCIS by paper so that you have proof of it being reported.

On second thought, however, though reporting to the NVC is a good idea, it's probably wasted motion of you are doing an I-485 submittal and include copy of your I-130 Approval NOA and copy of your Naturalization Certificate.

--Ray B

[Yuzu]

Hi RayB,

I forgot to ask you, usually how many days/weeks do i have to wait for the confirmation from USCIS that they upgraded the petition after i send my upgraded letter to NVC?

Thank you so much for your help, this process really stressed me out.

Yuzu

Wait until you get confirmation from USCIS that they have upgraded the petition, then submit the I-485 and supporting documents with the proof of petition change and the approval NOA for the petition.

Since your package is now with the NVC, you must report your husband's citizenship to USCIS, then send all documenst for Adjustment of status, as described above, to USCIS.

--Ray B

[rayb]

What you do and to which agency you report depends on whether you will be in the U.S. or in your home country during the processing, and whether USCIS or the NVC has your case.

--Ray B

Hi RayB,

I forgot to ask you, usually how many days/weeks do i have to wait for the confirmation from USCIS that they upgraded the petition after i send my upgraded letter to NVC?

Thank you so much for your help, this process really stressed me out.

Yuzu

[Yuzu]

Hi RayB,

Right now NVC had my case because i've got a letter from NVC about my visa still unavailable.
But recently my husband (petitioner) become U.S citizen so i want upgrade my petition and process with AOS, and i had already sent a letter to NVC about upgrade petition and a copy of citizenship and a copy of approval I-130.

In your reply before, you said i had to wait a confirmation from USCIS that they have upgraded the petition, so i can apply my AOS.

How long to wait the confirmation from USCIS?

Thank you so much for your reply.

Yuzu

What you do and to which agency you report depends on whether you will be in the U.S. or in your home country during the processing, and whether USCIS or the NVC has your case.

--Ray B

[rayb]

Yuza,

Are you presently in the U.S. or in your home country? If in the U.S., your processing no longer has anything to do with the NVC. You can most easily accomplish your goal by submitting your I-485 with supporting documents, a copy of your husband's Naturalization cert, your I-130 approval Notice of Action, and a signed and dated attachment explaining your request that the I-130 petition be upgraded to give you "immediate priority," and that is why you are submitted your Adjustment of Status petition.

I earlier told you to wait until you had a notice from USCIS that your petition was upgraded because I didn't know your petition is already approved and moved to the NVC.

--RayB

Hi RayB,

Right now NVC had my case because i've got a letter from NVC about my visa still unavailable.
But recently my husband (petitioner) become U.S citizen so i want upgrade my petition and process with AOS, and i had already sent a letter to NVC about upgrade petition and a copy of citizenship and a copy of approval I-130.

In your reply before, you said i had to wait a confirmation from USCIS that they have upgraded the petition, so i can apply my AOS.

How long to wait the confirmation from USCIS?

Thank you so much for your reply.

Yuzu

[Yuzu]

Hi Rayb,

Yes im presently in the U.S., so its mean that i can submit my I-485 with supporting document to USCIS right away? And include a letter that im request the I-130 petition be upgraded to immediate priority?

Thank you so much for your help.

Yuzu

Yuza,

Are you presently in the U.S. or in your home country? If in the U.S., your processing no longer has anything to do with the NVC. You can most easily accomplish your goal by submitting your I-485 with supporting documents, a copy of your husband's Naturalization cert, your I-130 approval Notice of Action, and a signed and dated attachment explaining your request that the I-130 petition be upgraded to give you "immediate priority," and that is why you are submitted your Adjustment of Status petition.

I earlier told you to wait until you had a notice from USCIS that your petition was upgraded because I didn't know your petition is already approved and moved to the NVC.

--RayB

[Yuzu]

Hi Rayb,

On form I-485 :
part 1. Expires on (mm/dd/yyyy), is that my visa expired date or expired stay date or passport expired date?

Part 3 B. List my present spouse and children, my husband is a U.S. Citizen, and there's a column said A-Number (if any), do i need to fill out the A-Number column?

Thank you so much Rayb

Yuzu

[rayb]

1. Allowable stay expiration date.
2. No need to put "A" number for U.S. citizen spouse.

--Ray B

Hi Rayb,

On form I-485 :
part 1. Expires on (mm/dd/yyyy), is that my visa expired date or expired stay date or passport expired date?

Part 3 B. List my present spouse and children, my husband is a U.S. Citizen, and there's a column said A-Number (if any), do i need to fill out the A-Number column?

Thank you so much Rayb

Yuzu

[syb388]

Hi Ray B I'm in a similar situation as Yuzu maybe you can give me advice please

My wife is from Sweden she came here as visitor one and a half years ago, we married here in Wisconsin and we live here.
I petitioned for her i131 and it was approved
I planned to apply for i485 but received notice from USCIS and NVC that case is now in hands of NVC and interview will be scheduled to take place in Sweden.

Can I still proceed with original plan and apply for i485 through USCIS?

[rayb]

You should have submitted the I-485 with the I-130 when you decided to process your wife while she remains in the U.S.

At this point, you can submit the I-485 with a copy of the Approval Notice of Action for the I-130 and keep your wife in the U.S. Just because the I-130 has gotten to the NVC doesn't mean you have to proceed with NVC processing.

--Ray B

Hi Ray B I'm in a similar situation as Yuzu maybe you can give me advice please

My wife is from Sweden she came here as visitor one and a half years ago, we married here in Wisconsin and we live here.
I petitioned for her i131 and it was approved
I planned to apply for i485 but received notice from USCIS and NVC that case is now in hands of NVC and interview will be scheduled to take place in Sweden.

Can I still proceed with original plan and apply for i485 through USCIS?

[syb388]

You should have submitted the I-485 with the I-130 when you decided to process your wife while she remains in the U.S.

At this point, you can submit the I-485 with a copy of the Approval Notice of Action for the I-130 and keep your wife in the U.S. Just because the I-130 has gotten to the NVC doesn't mean you have to proceed with NVC processing.

--Ray B

Hi Ray B thankU for your help; makes me wish I had known of this forum before filing the i130
I'm sorry for the double posts, I didn't see my first post so I posted again in a new thread then I realized since I am new my first post requires admin approval. In the other thread Yuzu suggests I message NVC to notify them I will proceed with i485 with USCIS, is this necessary, or should I just file the i485?
Sorry Yuzu just double checking.
Also I helped my friend who was in exact same situation I was in - he is American, wife is foreign, now they are both here in US- and I filed for him also just the i131 but he only sent about 2 months ago so he is still waiting for i131 approval, should he/can he update his i131 and send in now the i485 to be added or must he wait for i131 approval then proceed with i485 like I must do now?

Thanks!