Thank you Ms. Santana for replying so quickly. I really appreciate that. When I went in to the USCIS field office I requested that they go ahead and forward the petition since there is no pending AOS. I was told by the agent that they couldn't do that. I then requested something in writing, so I could send to NVC as proof that there is no AOS pending. She informed me that they can only provide a verbal statement to that fact and nothing more. She asked that we hold on and spoke to a superior, that's when she came back and told us that there's nothing he can do. She told us neither USCIS nor NVC will be able to help him because of his entry. Our plan was to apply for the provisional waiver since he is here, but without a case with NVC, as you know, he doesn't qualify. I did take it a bit further, I emailed back NVC and explained that USCIS will only provide a verbal statement and requested that they input his info into their system once more. I'm still waiting for a reply.