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Can someone explain this pertaining to the I-797 Notice of Action, which I received in regard to my ex-husband's approved I-130.

Los Angeles, CA |

He received his conditional green card and left the country, and a month later, I received a I-797 Notice of Action where it says the following things, which I am confused about. Actually, this was received more than a year ago, but I just found this letter/notice and reads the whole thing. Please keep in mind that I am divorced from that person and I have reported his green card fraud to immigration as he scammed me and abandoned the marriage.

"The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the US and will apply for adjustment of status. He or she should contact the local U.S.C.I.S. office to obtain Form I-485, Application for Permanent Residence. A copy of this notice should be submitted with the application.

If the person for whom you are petitioning decides to apply for a visa outside the United States based on this petition, the petitioner should file Form I-824, Application for Action on an Approved Application or Petition, to request that we send the petition to the Department of State National Visa Center. The NVC processes all approved immigrant visa petitions that require consular action....." I am confused about a few things: 1) He or she should contact immigration for I-485 form Application for Permanent Residence, what is this and was this necessary for him to do because nothing was done about this. 2) Why does it say that "if the person decides to file for visa outside of the US etc..." he got his I-130 approved based on this letter, so what does a visa have to do with it if he already got his green card. They are also saying that he should file I-824 Application for Action on an Approved Application or Petition.

Attorney Answers 3

  1. This notice was the first phase of approval. He did file the next phase as you said he received his conditional green card

  2. The Notice you have is the approval for the visa petition that you filed on his behalf. Based on that approval his application for Adjustment of Status was approved, after which he received his conditional green card.

    Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

  3. Hi! The above answers are correct. The letter that you have in your hands is merely one that was sent to you during the first phases of his petition. Good Luck!

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