Interesting question. Does the I-797 approval notice state that your file was mailed to the NVC or does it state that the beneficiary has indicated that he/she will apply to adjust status in the U.S? Unless the I-130 was correctly completed to show that you intended to consular process, your file may be stored at the USCIS National Records Center. If the I-797 does not state that your file was sent to the NVC, and you are not eligible for adjustment of status, you will need to file a form I-824 to request USCIS to send your file to the NVC. I suggest that you consult with an experienced immigration attorney in your area. Good luck!
You should consult with an experienced immigration attorney, whether myself or one of my colleagues, to thoroughly review your situation. Nothing in this post should be considered legal advice and no attorney-client relationship has been established.
Attorneys don't send papers to the NVC.
1. Filing a FOIA
2. Hiring a new lawyer.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- email@example.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
More information is required to guide you adequately. Best approach would be to take the paperwork to an immigration attorney for complete review.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.