Case Approved but asked to file I-824

[dreamzunlimited 16]

Greetings vjers! My life line and source of enlightenment!

I have a situation, Kindly guide me how shall I should proceed.

Our case was approved on Nov. 10th. This happiness lasted only until today when my petitioner received the letter saying that ,

"your petition has been approved. Petition indicates that the person you are petitioning is in the united states and will apply for adjustment of status.He/she should contact local USCIS office to obtain form I-485, application for permanent residence. A copy of this notice should be submitted with the application.

If the person whom you are petitioning decides to apply for a visa outside the united states based on this petition, the petitioner should file form I-824, application for action on approved application or petition, to request that we send the petition to the Department of State, National Visa centre (NVC)."

USCIS got mixed signals from us because I (beneficiary) was in US when we filed the petition and mentioned the entry date of June 2016 in I-94 as the blank space asks for in I-130. My visa was expiring on July 2016, Immigration officer did give me stay until Dec. 2016. I wanted to do Adjustment of status but did not do it (didnt send any forms) as I had only 30 days vacation days left after filing I-130. We did request for extension of vacation for me at work place and it was not granted. The adjustment of status, Employment ID, Parole etc takes at least 90 days. So I Exited US in Aug 2016 to join work. My I-94 mentions same exit date of Aug 2016. I wonder why they did not check that.

Now, this I-824 form suggested by USCIS needs additional 405 $ to take action on approved petition. What a hassle. I have to fill all the forms altogether again to get my petition transferred from USCIS to NVC. C'mon......Actually honesty is a bad policy. That's the lesson. ...and I welcome you all seniors/experts to guide me further please.

[pushbrk 12,894]

Filing the I-824 does not require refiling any previous forms. What did you enter in section 22 of your I-130?

[dreamzunlimited 16]

Filing the I-824 does not require refiling any previous forms. What did you enter in section 22 of your I-130?

Thanks for the reply.

I filled both the options as I saw the youtube videos saying do not leave options blank. Paying the price for small mistake.

So I filled:

US City US State Then also I filled the option for visa abroad City and Country.

So, I confused them but My i-94 arrival departure record clearly indicates that I left US in August 2016. So, they should know I cannot adjust status the status in US (as also suggested in approval letter).

We filed only I-130 stand alone. Actually, I just wanted a regular NVC processing and I had no plans to stay back in US to get the status adjusted because my leave from work was not extended.

So I had to exit US and wait for normal consulate processing.

[dreamzunlimited 16]

My petitioner had a second sup call today. Both the supervisors gave different logics. We got the understanding that these representatives can only read the lines/ details from the cases popping up on the screen. They can not do anything else. Second sup said this happenned coz you should have written the out of US address in both places.

also she said you can hire an advocate.

She did mention that filing I -824 is equivalent to doing everything all over again. Its time taking and can go up to 1 and half to two years.

now, we understand that on this approved I-130 form,in question 22, if they delete the option of US city and state option and consider only out of US address option, things can be mend in matter of seconds. And file will be on the way to NVC.

Experts please suggest us the best way out to do it.

or tell us what is the other way out.

This situation is killing us.

[JFH 12,190]

How did you answer question 14 of the I-130?

"If your relative is currently in the US, please complete the following: He/She arrived as a student/visitor/stowaway etc" It also asks for the I-194 record and when the authorised stay will expire.

Question 22 relates specifically to applying for adjustment of status. What location did you give? You should have only put the overseas consulate location to the right of that question.

Have you spoken to Tier 2 at USCIS?

[pushbrk 12,894]

File the I-824. You didn't carefully read question 22, interpret it literally and answer accurately. Some mistakes make no difference at all. This one is obviously a costly one in money and time. Bitter medicine, but the sooner you swallow it, the better.

[dreamzunlimited 16]

How did you answer question 14 of the I-130?

"If your relative is currently in the US, please complete the following: He/She arrived as a student/visitor/stowaway etc" It also asks for the I-194 record and when the authorised stay will expire.

Question 22 relates specifically to applying for adjustment of status. What location did you give? You should have only put the overseas consulate location to the right of that question.

Have you spoken to Tier 2 at USCIS?

Thanks for reply. All questions truthfully answered.

Arrived as Visitor B1/b2

Authorized stay will expire on Dec 6th 2016

Q.22 yes we realize now that we should have left the first two options blank and should have only mentioned overseas consulate

The call back was scheduled by my petitioner from USCIS. It was supervisor perhaps.

She suggested we should have written overseas address on both places.

She said she can not do anything.In the end she said you can have an advocate.

and also she suggested to write e mail to nebraska (as they have the hard copy of the petition) to have the first answer of US city and state corrected or deleted.

My husband did ask her what happens with this I-824 and she said its literally starting all over.

In the mean time,I tried to check myuscis, all info related to my receipt no. from myuscis is gone and shows error when I click on receipt no.

thanks for your time.suggestions welcome.

Edited November 22, 2016 by newlife5657

[dreamzunlimited 16]

File the I-824. You didn't carefully read question 22, interpret it literally and answer accurately. Some mistakes make no difference at all. This one is obviously a costly one in money and time. Bitter medicine, but the sooner you swallow it, the better.

I agree Mr. Pushbrk. regret so much now. You really think there is no way out? the timeline for I-824 is scary

[dreamzunlimited 16]

Hi! Could any one guide me please, along with the I-824 form, the cheque and the approval letter what all supporting documents should be attached?

I read the instruction but found nothing. Shall I send copy of all docs I sent with I-130.

Thank you in advance.

[pushbrk 12,894]

If you follow the instructions carefully, you should be OK. I have nothing to add.

[dreamzunlimited 16]

If you follow the instructions carefully, you should be OK. I have nothing to add.

Thank you!

[Phillygirl 17]

Thanks for reply. All questions truthfully answered.

Arrived as Visitor B1/b2

Authorized stay will expire on Dec 6th 2016

Q.22 yes we realize now that we should have left the first two options blank and should have only mentioned overseas consulate

The call back was scheduled by my petitioner from USCIS. It was supervisor perhaps.

She suggested we should have written overseas address on both places.

She said she can not do anything.In the end she said you can have an advocate.

and also she suggested to write e mail to nebraska (as they have the hard copy of the petition) to have the first answer of US city and state corrected or deleted.

My husband did ask her what happens with this I-824 and she said its literally starting all over.

In the mean time,I tried to check myuscis, all info related to my receipt no. from myuscis is gone and shows error when I click on receipt no.

thanks for your time.suggestions welcome.

Hello I think, I fill up the form same what did you did, I put date in I-94 but and in question no. 22 I choose overseas not in US and I wrote the adress of the consulate here in Kuwait. I didnt received our approval letter yet. Im scared now. I checked online my status is "case was sent to Dept of State" What is your case status now?

[dreamzunlimited 16]

On 12/19/2016 at 11:53 AM, Phillygirl said:

Hello I think, I fill up the form same what did you did, I put date in I-94 but and in question no. 22 I choose overseas not in US and I wrote the adress of the consulate here in Kuwait. I didnt received our approval letter yet. Im scared now. I checked online my status is "case was sent to Dept of State" What is your case status now?

No status. the case is received for I-824 and a wait for another 6 months for that I-824 to be reviewed. Its all exasperating.

[Mmaruyama 18]

On 2/6/2017 at 11:17 AM, dreamzunlimited said:

No status. the case is received for I-824 and a wait for another 6 months for that I-824 to be reviewed. Its all exasperating.

I have same situation with you.  May I know how long dose it take processing I 824 transfer to NVC .