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Filed: IR-1/CR-1 Visa Country: Malaysia
Timeline
Posted

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Dear All,

I am US citizen and recently filed I-I30 for my wife requesting consular processing both on cover letter as well as in the I-130 application. My wife is currently overseas and plans to be there till immigrant visa is processed. The I-130 petition was approved Feb 25,2009. For some reason or the other, USCIS has requested my wife adjust her status(AOS) at the local USCIS office here in San Jose and also gave her the the option to request consular processing(CP) by filing I-824.

Although, I thought I made it clear from the start I'd like consular processing(CP), it appears this wasn't the case. I did file the I-824 on 3/12/2009 per the instructions.

The USCIS/CSC website states that I-824 is processed within 6 months @ CSC.

I'd like to know what the actual time frame has been for members out here.

I'm also considering a request to expedite since I believe my case was processed in error for AOS instead of CP. Who do I write to at the USCIS ?

All feedback appreciated.

Thanks for everyone input in advance !!!

jr

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Our I-824 took 6 months, but then another year + to finally get to the NVC. I am sorry you already spent the money for the I-824, but I would contact the Ombudsman's office as soon as possible, maybe the error can be corrected without too much delay. Be sure to follow the Dept. of Homeland Security Ombudsman's Office directions and send copies of all the important documents. Give them your phone and email, they were very helpful to us. Good Luck, Mike & Yizhen

married in Nanning 10/28/06 I-130 mailed 11/24/06 I-129F mailed 12/8/06

I-130 & I-129F both approved 3/1/07

I-824 sent 3/9/07 K-3 sent to GUZ 3/15/07

K-3 P-3 sent 5/30/07 P-3 ret'd 5/31/07 (P-3 rec'd by mail 6/7/07)

rec'd P-4 6/27/07 interview 8/8/07 (rec'd P-4 by mail 7/3/07)

Interview 8/8/07 "PINK" entered US 8/27/07

Rec'd approved I-824 & re-approved I-130 10/11/07

after 12.5 mo. DHS Ombudsman sends I-130 to NVC 10/30/08, and asks for case to be expedited

NVC rec'd 12/26/08, NVC to GUZ 1/5/09,

NVC sends email to GUZ requesting Expedite 1/9 or 1/14? DOS says "waiting for interview date" 2/9

INTERVIEW 4/28/2009 P-4 delivered to US in 6 days via FedEx 3/26/2009

4/28/2009 INTERVIEW PINK ! ! ! !

VISA PICK-UP 4/30/2009 9:50 AM

Enter IR-1 POE Chicago "ORD", SS Card 6/27/09, welcome letter 7/2/09

10 YEAR GREEN CARD 7/6/2009

Filed: IR-1/CR-1 Visa Country: Malaysia
Timeline
Posted

Mike & Yizhen

I appreciate your response ! Although, I am hoping the timeline would be shorter than yours ! I shall keep my fingers crossed.

I also appreciate your recommendation to work thru the Ombudsman's office. I will certainly research that avenue and post my experience here for other's to benefit.

Once again, thank you for sharing.

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Your reason for writing to the Ombudsman is the USCIS error, otherwise you will have to wait out the 6 mo processing time for the I-824 + 90 days for the approved I-130 to arrive at the NVC. The rule that was announced in Nov. 2006 was changed 3 or 4 months later, now they are supposed to direct your petition where you ask them to send it. Did you send an I-129F for the K-3 also? If not you should receive your money back! It was a complete mistake on the part of USCIS. Good Luck, Mke & Yizhen

married in Nanning 10/28/06 I-130 mailed 11/24/06 I-129F mailed 12/8/06

I-130 & I-129F both approved 3/1/07

I-824 sent 3/9/07 K-3 sent to GUZ 3/15/07

K-3 P-3 sent 5/30/07 P-3 ret'd 5/31/07 (P-3 rec'd by mail 6/7/07)

rec'd P-4 6/27/07 interview 8/8/07 (rec'd P-4 by mail 7/3/07)

Interview 8/8/07 "PINK" entered US 8/27/07

Rec'd approved I-824 & re-approved I-130 10/11/07

after 12.5 mo. DHS Ombudsman sends I-130 to NVC 10/30/08, and asks for case to be expedited

NVC rec'd 12/26/08, NVC to GUZ 1/5/09,

NVC sends email to GUZ requesting Expedite 1/9 or 1/14? DOS says "waiting for interview date" 2/9

INTERVIEW 4/28/2009 P-4 delivered to US in 6 days via FedEx 3/26/2009

4/28/2009 INTERVIEW PINK ! ! ! !

VISA PICK-UP 4/30/2009 9:50 AM

Enter IR-1 POE Chicago "ORD", SS Card 6/27/09, welcome letter 7/2/09

10 YEAR GREEN CARD 7/6/2009

  • 1 month later...
Filed: IR-1/CR-1 Visa Country: Malaysia
Timeline
Posted

Just wanted to update everyone the case status:

My I-824 application on 3/11/2009 for transferring my wife's case from AOS to Consular processing via NVC was approved on 3/23/2009.

What I did was the following after I filed the I-824 and received their I797 receipt notice:-

1) I called the USCIS Service center 1-800-375-5283 on 3/17/2009

2) Picked the touch tone options to report a problem with my case and chose the expedite request

3) Operator took details of my expedite request and I explained USCIS made an error.

4) Received a letter on 3/18/09 for USCIS that they are working on my case.

5) Received approval notice from USCIS on 3/23/2009 that case has been transferred to NVC.

6) NVC assigned case number and sent DS 3032 on 4/14/09

Thanks for everyone's input and help (especially Mike/Yizhen)

Just posting this details along in case somebody else may be in the same situation.

Regards,

jr

 
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