Hi everyone,
I am looking for advice or similar experiences.
My case is F2B. My I-130 was filed in 2016 and later approved. The case was sent to NVC.
In November 2022, I filed Form I-485 in the U.S. based on the approved I-130. My I-485 has been pending since then.
After filing the I-485, I did not continue with NVC processing because I was pursuing adjustment of status with USCIS.
Last year, NVC terminated my case for inactivity. A few days ago, I found out that USCIS also terminated my approved I-130, apparently because of the NVC termination. My I-485 is still pending.
I contacted NVC on 4/28 and explained that I had already filed I-485 in 2022. I also pointed out that under the applicable FAM guidance, if an applicant is pursuing adjustment of status in the U.S., the NVC case should not be terminated just because there was no further NVC activity.
NVC recently reinstated my case (which is a big relief to me, at least NVC case was open). However, I am still worried because USCIS has already terminated the I-130.
My main concerns are:
- Can USCIS deny my pending I-485 because the I-130 was terminated, even though NVC has now reinstated the case?
- Can USCIS correct or reopen the I-130 termination record after NVC reinstated the case?
- Has anyone had a similar situation where NVC reinstated the case after a 203(g) termination, and USCIS later corrected the I-130 record?
Also, I have not received the I-130 termination notice yet because it was apparently mailed to an old address from many years ago. I already contacted USCIS and asked them to resend the notice, but I am still waiting.
I am also concerned that I-130 reopen should be filed in a month but I have not received the notice. USCIS may take a while to resend me the notice.
I have uploaded/sent the NVC reinstatement confirmation to USCIS and asked them to correct the I-130 record and continue processing my pending I-485.
Any advice or similar experience would be greatly appreciated. Thank you.