Can someone explain this I-797C, Notice of Action letter

It sounds like this is a receipt notice confirming USCIS receipt of your petition. Within 7-10 days of filing the I-130 you should have received a Notice of Action confirming receipt and confirming the priority date (date you filed the petition). Once the I-130 is approved, you will receive another Notice of Action stating that the I-130 was approved. Once approved, the I-130 is forwarded to the National Visa Center for Immigrant Visa Processing. The National Visa Center will send you a fee bill for the visa and a list of items needed for the immigrant visa process. Pay the bill promptly and provide the affidavit of support and supporting documents so that your husband can come back to the U.S. The preference classification is that of an immediate relative. There are a issues to consider with the immigrant visa processing including addressing the reason your spouse left the U.S. and whether he ever stayed here illegally. You should consult an immigration attorney to assist you with the immigrant visa process.

I agree fully with Attorney Scarbarough. If you wish to understand further the process and common misconceptions, please see http://www.attorneyqna.com/legal-guides/ugc/immigration-common-misunderstanding-about-the-i-130-petition-for-alien-relative?ref=result_3_more

I also agree. Read the small print on the form carefully. It will indicate that the filing or approval of the I-130 does not provide any rights or benefits, and there will have to be a separate inquiry into the issue of your husband's admissibility to return to the U.S. after the petition is approved and a visa interview is scheduled through the NVC. Scott D. Pollock Scott D. Pollock & Associates, P.C. 105 W. Madison, Suite 2200 Chicago, IL 60602 (312) 444-1940 fax: (312) 444-1950 e-mail: [email protected] internet: www.lawfirm1.com Please visit our renovated website at www.lawfirm1.com, which allows client access to case status, enhanced information on services, and other convenient features.

There are three steps in the process for your husband: I) Your I-130 petition to show he is your spouse and you are a U.S. citizen. This takes about 5 months and first they send you a Receipt and later hopefully an Approval; 2) Approval is sent to the National Visa Center which collects fees and forms for the Department of State; 3) The case is forwarded to the consulate in the country where your spouse is located for him to do his interview and medical exam. If your husband was not in legal status the whole time he was in the U.S. or was deported, then a waiver packet is also going to be required after the consular interview and he may or may not be eligible to return promptly. Since you filed in February you should have had a response on yoru I-130 by now. Did you move and not advise USCIS? If you want to avoid a gap in time we always try and have the next stage documents sitting in the file when the first stage is approved so we can immediately file with NVC. These documents will need to be prepared and then sent overseas for signature. These types of cases are much more complex than just completing the I-130 so I strongly urge you to get an immgiration attorney to help you through the process. Lynne R. Feldman, Attorney at Law Concentrating in Immigration and Nationality Law 2221 Camino Del Rio South, Suite 201 San Diego, CA 92108 phone: (619) 299-9600, facsimile: (619) 923-3277 email: [email protected] website: www.immigrateme.com Formerly Adjunct Professor -- Immigration law University of Illinois College of Law