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Adjustment of Status or Consular processing?
My family member's I-130 is approved and his visa date is current now. His case is in the National Visa Center. He is living in the US. Does he need to go back to his home country to apply for green card or he can apply here Adjustment of status without living US? Your guidance is greatly appreciated.
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Is he currently in status in the US? Did he enter the US legally? What relative of yours is this? Are you a US citizen or permanent resident?Originally posted by omahababu View Post
This is my personal opinion and is not to be construed as legal advice. -
Yes, he is in H1 status. He came here in F2 status back in 1997. Since then he went school and college here. Never been out of status. I just became a US citizen. I had filled his I-130 when I was in Green card. I haven't change his case preference to F1 because F2B current.Originally posted by newacct View PostComment
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If his priority date is before the date on the chart here for the month he files I-485 for his category and country of birth, he can just file I-485.Originally posted by omahababu View Post
This is my personal opinion and is not to be construed as legal advice.Comment
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Thank you very much for your suggestion. Yes, his Priority date is 31 July 2012. Now final action date for family sponsored visa is Aug 2012.Originally posted by newacct View Post
Do I need contact NVC for to transfer file to USCIS or just file I-485? Do I need to submit any form to stay in F2B category since I just became the US citizen? F1 category's visa is not available that is why I didn't change preference category and want to remain in F2B.
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You don't need to contact NVC; he can just file I-485. He should specifically include a note to opt out of the upgrade from F2B to F1 category (this is by the way the only category change that one can opt out of).Originally posted by omahababu View Post
This is my personal opinion and is not to be construed as legal advice.Comment
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Thank you very much. He just need to collect the all required docs along with I-485 form and submit to appropriate processing center? Even his case in NVC, USCIS will process his case?Originally posted by newacct View Post
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RFE I-824 after I-485 Interview
Hello,
I filed for I-130 however and got approved in 5 months however due to medical reason I had to bring my wife to US on B1/B2 since she had it. I applied for I-485 and had interview in February, 2019 and after interview I got status on USCIS website as "Interview Was Completed And My Case Must Be Reviewed". Today I got RFE for saying I need to file I-824.
Did someone had same case, please help.
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Same here, hoping someone who has successfully crossed the same bridge replies to this question!Originally posted by VITUS7 View PostComment
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Which option did you select in I-824 (Part - 2 Reason for Request). I am thinking to select 1C, I had my interview at Minneapolis, MN.Comment
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Minneapolis for us too. Our lawyer filled out the form, so I am not sure which option she selected. BUT she included a foot note for this question stating that the exact option was not available and why we were filing this form. She also included a cover letter explaining the RFE and reason for filling out the form. Not sure what is the best way to handle this given that this is such a non-standard RFE. You should consult your lawyer if possible.
Let me know if you get any updates, I will do the same.Comment
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It's so weird, I didn't consult any lawyer yet however I am thinking to consult one and send the form asap since they have given time until May 23, 2019Comment
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