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I opted for Adjustment of Status on I-130 that's approved; NVC letter is now asking for Affidavit of Support fee. What to do?

Sugar Land, TX |

I am a new GC holder who filed I-130 for my hubby whose PD is Jun2011 (will be current after a year); I had opted for Adjustment of Status (not Counselor Processing) in I-130; I-130 is approved with no clear mention of Counselor Processing. Now I received a letter from National Visa Center to pay for affidavit of support. I thought Adjustment of Status was handled by USCIS only and not NVC. Why did they send this letter to me? My hubby also received an email from NVC with DS-3032. What should I do? We don't mind CP or AOS but we need to know what to do?

My hubby is in the US and has never been out of status or illegal. His H1B is valid until 2014 so no issues there either. I-130 approval clearly says "the petition indicates that the person for whom you are petitioning is in the US and will apply for adjustment of status".... it further says it's not eligible to file for AOS at this time, but my understanding from all the research is that it is a general statement they make when the PD is not current.

Attorney Answers 3


  1. Did you file the I-485

    Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 nfleischer@immigrate2usa.com Enjoy our Blog at http://immigrate2usa.blogspot.com/


  2. He is not eligible for adjustment now so the NVC holds the file. But in all honesty, you need an attorney for these decisions to know how to properly proceed.


  3. Do not pay the AOS fee to the NVC.

    File the I-485, when available .... WITH THE HELP OF A LAWYER ... it might take more than the 1 year you estimate.

    PS Consular Process is cheaper than AOS ... usually by more then $600.
    ___________________________________________________________
    Franco Capriotti - Senior Immigration Counsel
    CAPRIOTTI INTERNATIONAL LAW
    franco@capriotti.com -- 1-503-803-0055 -- www.capriotti.com
    SKYPE MULTI-PARTY VIDEO AVAILABLE
    ___________________________________________________________

    IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.

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