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I-130 Approved but Sending to NVC, Applicant Already in the US

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  • I-130 Approved but Sending to NVC, Applicant Already in the US

    Hey everybody,
    Wondering if anybody has similar situation with me. In April 2021, I petitioned my mother while she was in overseas (and therefore the I-130 is marked as overseas consular service, not AOS). In August 2021, my mom came here and filed AOS (I-485). Now the I-130 has been approved and the letter says that it forwards the case to NVC for consular service. While on the other hand, my mom's I-485 is still progressing and we're waiting new interview schedule (the interview got cancelled previously due to unforeseen situation). What do I need to do? and how to tell to USCIS that my mom already in the US and currently in process of AOS? Do I need to file I-824? (if yes, who to apply? me or my mom?)

    Thank you!

  • #2
    You don't need to do anything; the fact that your mom filed I-485 is enough. USCIS will either not send the I-130 to NVC or get it back if they sent it to NVC.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Thank you! I was just a bit nervous with the fact that my mom's I-94 visit is expired (just in case if she needs to go back to her country and continue with the process).
      Do I need to inform USCIS regarding this?

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      • #4
        No. It's normal that her I-94 is expired

        This is my personal opinion and is not to be construed as legal advice.

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