Matthew Udall

I just received word from the NSC (thank you USCIS) via AILA (thank you AILA) concerning a NSC "News Flash" dated 09/09/04.

This advisory is for I-130 petitioners who have an I-130 pending at the NSC (this news is "only" about the NSC) for a spouse or child under the age of 21, where the spouse or child has arrived in the U.S. on a K-3 or K-4 visa. Under these circumstances, the petitioner should advise the NSC that the beneficiary is now in the United States by forwarding a copy of the I-130 receipt notice and a copy of the beneficiary's I-94 card showing that he or she arrived as a K-3 or K-4. This should be sent to: USCIS Nebraska Service Center, PO Box 87130, Lincoln, NE. 68501-7130. Once the NSC is notified that the beneficiary is in the United States, the NSC will process him or her for adjustment of status in the U.S. rather than consular processing. The petitioner should also provide the current address for the beneficiary or beneficiaries.

Leslie

Thanks, Matt.

Simon&Vik

What about if the I-130 has just recently been approved?

jeffreyhy

Matt,

I don't understand what this means - "the NSC will process him or her for adjustment of status in the U.S. rather than consular processing"

What is it that the NSC will do differently with the I-130? Push it to the front of the stack? Send the petition to somewhere other than the NVC when it's approved? Something else?

If a K3's application for adjustment of status has been submitted might the statement mean the NSC will send for it and process the I-485 along with the I-130? But the statement doesn't ask for any information about a beneficiary's I-485 application, they don't even ask if the beneficiary has applied for adjustment. How can they "process him or her for adjustment of status" if he or she has not applied for adjustment of status?

What is going to happen differently as a consequence of what the NSC is saying?

Thanks.

Regards, JEff

Matthew Udall

Hi JEff,
I agree that part could have probably been written better (less confusing). I'm just passing along the information; I did not come up with that myself (since that section was confusing, I was careful to use their exact language there), so all I can really do is speculate with you. My guess as to what that means is that they will keep the I-130 here in the U.S. instead of sending it to the NVC to be routed to a U.S. Consulate abroad (to the Consulate the I-130 petitioner likely listed on the back of the I-130). Perhaps the NSC will send the I-130 file to the National Records Center who will hang onto it until a local USCIS office calls it up (once the I-485 is filed at the local office). Again, this is speculation on my part.

HunterGreen

Matt,

Just out of interest, after reading your speculating: that would mean that for NSC K3/4's the rule will become to AOS in the US instead of the rule now to go back to the home country and through the consulate?

Elaine

Matthew Udall

No, and sorry I was not more clear with my speculation. I believe a couple will still have the same choice that they have always had.... either process AOS here, or have the K-3'er return to the U.S. Consulate to process the IV.

All the news flash tells us is how to let the NSC know that one has decided to stay in the U.S. for AOS. If staying in the U.S. for AOS, the NSC should do something with the I-130 file other than routing it to the NVC for routing to the U.S. Consulate (which would be a waste of time if the K-3'er wants to AOS in the U.S.). I think all the news flash does is clarify that procedure. I don't think it signals a fundamental change as far as the K-3'ers options are concerned.

Again, this is speculation on my part.