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.
Did you file the I-485
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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.
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.
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