alcoa

All,

Priority date became current and NVC has scheduled an immigrant visa interview end of this month at the Consulate in the home country. But the beneficiary decided to adjust status since he's already in the US, and has just filed the I-485 package (accepted by USCIS yesterday).

We have contacted (emailed) the consulate twice last month to inform them to 'cancel' the scheduled interview, but no response received yet. Not sure how else to notify them.

What would happen in the worst case if no communication is established with the consulate regarding this? Will it impact the I-485 process here in the US?

Thanks.

jeffreyhy

Did beneficiary notify the NVC that they were in the USA and intended to adjust status? Apparently not.

I foresee delays in approval of the adjustment of status because USCIS is going to have to get beneficiary's file back from the consulate before processing of the application to adjust status can be completed.

Regards, JEff

alcoa

We did attempt to notify NVC - sent a couple of emails over two weeks, but no acknowledgement - and after a few weeks received an appointment letter for the consular interview.

We did include a cover letter with the I-485 stating that they'd have to request the petition file from the consulate. Hopefully having given them this heads up will help somewhat?

jeffreyhy

I doubt it. Beyond the fact that cover letters tend to be ignored, if not trashed by the clerks who assemble the case files at the lockbox facility, the file won't be looked at by a case officer for several months yet. At that point the case officer will find out soon enough, cover letter or no cover letter, that USCIS does not have the beneficiary's A-file.

I'm not going to suggest that beneficiary try to contact the consulate to ask them to send the file back to USCIS - who knows where the file might wind up if beneficiary does that. Better to have the USCIS case officer request it so that it will go to the right person.

Regards, JEff

alcoa

Anyone know at what specific point during the I-485/765/131 processing would the USCIS have to request the file from the consulate?

Got notification recently that EAD card production was ordered, and I-131 was approved. Does this mean that the said file is already now in USCIS hands? Curious!

Noorah101

ASAP, I'd say. The AOS officer needs that file, I would assume, by the time your AOS interview comes around...preferably before then, so they can review everything before the interview.

I would say no. You receive the EAD and AP interim benefits from having filed an I-485.

Rene

alcoa

I-485 online case status shows (has been showing for past 4 weeks)..."Your application...is now ready for interview scheduling. When scheduling is complete, you will receive a notice with a time and place for your interview."

Since it appears to be close to being scheduled for an interview, do you think at this point an officer has looked at the case, or does an officer generally not review a case until a couple of days or hours prior to the interview?

Just curious.

henryh

Maybe you should make an InfoPass appointment to explain the situation.

jeffreyhy

Good question. Damned if I know how far in advance a case officer reviews the application.

I can tell you this - when my wife had her adjustment interview, the I-485 could not be approved until a month or so afterwards. The interviewing officer had the I-485 file, but the approved I-130 petition was at the NVC and had to be returned before the I-485 case could be concluded.

Regards, JEff

jeffreyhy

And explaining the situation will accomplish ... what?

Just curious.

Regards, JEff

alcoa

Not too worried yet about the duration that I-485 case status message has been showing, but do you think we could/should do an infopass to

a. find out whether the petition file has been received by USCIS, or
b. to give them a heads up (again) to request it from the consulate if it hasn't yet been.

in case this saves time before/after the interview.

S Folinsky

Out of idle curiosity, what does your lawyer say?

alcoa

do not have one presently, but would be open to getting one if this starts to gets complicated

Noorah101

Sounds complicated already, to me.

Rene

alcoa

I guess the case is not yet outside the normal I-485 processing window, so should wait for a couple more weeks?

I presume an infopass appointment anytime can't hurt anything?