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Adjustment of status case sent to NVC by mistake

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  • Adjustment of status case sent to NVC by mistake

    Hi all,
    so I had filed my i130 in March 2017 and based off of the early filing dates I was able to file my i-485 in April 2018. My i130 got approved in February 2019 and I got an email from NVC asking to pay fees and that my interview would be scheduled in India.
    I emailed them about the adjustment of status that's already on file-and they asked to contact USCIS for them to request the file and that they would hold on to it until then.
    I called USCIS and spoke to a tier 2 officer and she told me that I will need to file an i-824 for the file to be requested back to USCIS which is crazy bc the processing times are upto 6 months.
    Has anyone else been in this situation? Please let me know if there is a work around to just get the file send from NVC to USCIS.
    I'm positive I did not mention consular processing on my I-130. If their protocol is to automatically send cases to NVC, why would I have to wait 8 months for them to get a file back--esp when the adjustment of status has already been on file even before the i130 got approved.
    please help!

  • #2
    If you filed I-485 you shouldn't need to do anything. USCIS will request the file back. You shouldn't need to file I-824.

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

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    • #3
      Hey safa1997,
      I also had a same experience as I do, and I was told by my attorney that uscis will get the file back since I filed the adjustment of status here.

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      • #4
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