The National Visa Center (NVC) sends notices even when an applicant is already in the process of filing an I-485 adjustment of status case through USCIS. If you received an NVC letter about being ready to file the I-130 petition a year after the visa became available, but you have already filed I-485, you must immediately notify NVC of the change in procedure, otherwise the visa petition may be terminated under INA 203G.
Why you get a filing authorization letter if the petition is already approved
NVC and USCIS are separate agencies. When a sibling or relative files an I-130 petition from within the US, it is first processed by USCIS. Once the petition is approved, it is sent to NVC, which prepares the case for consular processing.
NVC sends notices on a scheduled basis and only tracks its own processes. If the applicant hasn’t updated their status with NVC or notified them that they already filed I-485 directly with USCIS, NVC remains unaware. From their perspective, the applicant was supposed to follow these steps: wait for the visa availability notice, submit documents and fees to NVC, and then attend a consular visa interview.
The law requires action within one year
Under INA 203G, if a visa becomes available and the applicant does not file for an immigrant visa within one year of the notice of availability, the registration may be terminated. The NVC letter contains a warning: if no action is taken within one year of the letter being sent, the petition may be terminated.
Sending the letter is the first notice. It is not the termination itself, but a final warning before termination. However, the time to act is limited.
What to do if you have already filed I-485
Immediately send NVC a letter informing them that you have filed for adjustment of status and are present in the United States. Attach a copy of the I-485 receipt notice. State that you want the approved I-130 petition returned to USCIS so the adjustment of status case can continue.
It’s best to send this letter through an attorney. A professional notice will be more persuasive and will create an official paper trail. This is critically important, because you are very close to obtaining a green card, but also on the verge of losing everything if the petition is terminated.
Check whether you disclosed the petition when obtaining your F-2 visa
If you applied for an F-2 visa, the DS-160 form required you to disclose that you have an immigrant petition filed by your sibling. If you did not disclose this to the consul, it may cause problems at the visa interview — the consul could accuse you of misrepresentation on the application.
However, if you honestly disclosed the petition, this is a positive factor. The consular officer will see that you acted openly and did not conceal your intent to immigrate.
The deadline is urgent — don’t delay
You have one year from receiving the NVC letter to take action. This doesn’t mean you should wait the full year — on the contrary, you need to act immediately. Send the notice to NVC this week. Delay could lead to losing the petition and having to restart the entire immigration process.
If USCIS approves the I-485 before NVC terminates the petition, you won’t need to attend a visa interview at all. But if the petition is terminated before I-485 approval, you will lose the basis for adjustment of status.
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