Why does the NVC return an EB-5 application to USCIS?

Your wife is not eligible to consular process until your adjustment is approved—whomever came up with this idea may not have understood how this works. You will need to file an I-824 with your adjustment so that your wife can be processed after you get your green card. She will be about three years aways from having an interview. This is a mess.

Because you filed for adjustment USCIS needs your file. For your wife to process in another location (overseas) she will need to wait until you are approved. You should file an I-824 now to have USCIS send the file back to NVC to process her case once yours is approved. It is not recommended for a family to process in separate locations – many things can go wrong.

Regards,

Lynne Feldman,
Attorney at Law

[FFA symbol & logo for email]
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
Tel: (619) 299-9600 | Fax: (619) 923-3277
http://www.immigrateme.com

Former Adjunct Professor -- Immigration law
University of Illinois College of Law

I-94 Records: All non-immigrants should retrieve and save their electronic I-94 record after entry: https://i94.cbp.dhs.gov/I94/ Please review for errors in spelling, expiration date, and visa category.
Address Change: Most non-U.S. citizens must report address changes to USCIS within 10 days of moving. Please refer to https://www.uscis.gov/addresschange for additional details & instructions

Since you are the principal applicant for the EB-5 visa and your Form I-485 is still pending, the National Visa Center (NVC) will not process your wife's application through consular processing as a derivative of your application at this time. Derivative applicants are not eligible to proceed with NVC consular processing until the principal applicant has received their adjustment of status (I-485) approval. Once your I-485 is approved and you obtain lawful permanent resident status, your wife's case may then move forward.

This is a possible erroneous response. You should call USCIS to inquire a status of your petition. In most cases, NVC would send your petition back to USCIS if your immigrant visa was refused after the visa interview.

First, you should contact your attorney to discuss changing your case from consular processing to adjustment of status. This is a legal matter that your attorney is responsible for handling.
Second, since you indicated your intent to file Form I-485 (Adjustment of Status), it was appropriate for the National Visa Center (NVC) to return your case to USCIS.
If your wife will continue through consular processing, she will need to pursue the "follow-to-join" process. This requires careful coordination and involves multiple agencies, so professional legal assistance is highly recommended to avoid delays or complications.

Since you are adjusting status in the US, there is no need for the consular appointment that is why you are receiving the message. There are no further steps with the NVC.