I-824 processing time for NVC Transfer

[Tristan1978 133]

5 minutes ago, Khallaf said:

I understand what you stated, but here is the problem, the Adjustment of Status is only done if you are ALREADY inside the USA

I understand this but this was filed incorrectly as an Adjustment of Status  by my lawyer. 

 

Subsequently I have had to file an I-824 to move my approved I-130 to the NVC< and my question is "how long will this process take?" 

[Tristan1978 133]

5 minutes ago, Khallaf said:

do you know what your case # is?

 

I am doing my best to explain it I am sorry if you are becoming frustrated with me, but here is what takes place lawyer or no lawyer.

 

1. I-130 and I-130A are filed with needed documentation

2. NOA1 recieved

3. Approval--NOA2

4. case is AUTOMATICALLY transferred to DOS (Department of State)(NVC)

5. within a few weeks you call NVC get case #

6. Once you have case # you file AOS (Affidavit of support pay the fee)

7. DS-261 Package pay the fee

8. NVC process visa

9. Papers are sent to consulate for interview schedule.

10. Interview Complete passport returned VISA page included.

 

NOW I fully understand the process (as I can't trust my lawyer) and I wont have a case number until my approved I-130 gets to the NVC.

[Khallaf 650]

2 minutes ago, Tristan1978 said:

NOW I fully understand the process (as I can't trust my lawyer) and I wont have a case number until my approved I-130 gets to the NVC.

If your I-130 was in fact approved your wife, in USA would have a copy of the NOA2 given the approval.

 

What she needs to do is call the number for NVC on the paper you do not need to file that other paper it will only cost you money.

 

what is your I-130 case number if I can ask, I can research to find out exactly where it stands if you want me to help with that.

[Khallaf 650]

4 minutes ago, Tristan1978 said:

NOW I fully understand the process (as I can't trust my lawyer) and I wont have a case number until my approved I-130 gets to the NVC.

if your I-130 was approved in AUG....NVC should already have it, and your wife and lawyer would have gotten papers on the next step.

[Khallaf 650]

8 minutes ago, Tristan1978 said:

NOW I fully understand the process (as I can't trust my lawyer) and I wont have a case number until my approved I-130 gets to the NVC.

I know I am going to ask again just want to double check, your wife is not living with you in the UK is she?

[Tristan1978 133]

1 minute ago, Khallaf said:

if your I-130 was approved in AUG....NVC should already have it, and your wife and lawyer would have gotten papers on the next step.

I appreciate you're trying to help Khallaf however you're incorrect, the NVC will not have it as it was filed incorrectly. 

 

The I-824 has already been submitted back in November, I need to know how long its going to take. 

[Khallaf 650]

1 minute ago, Tristan1978 said:

I appreciate you're trying to help Khallaf however you're incorrect, the NVC will not have it as it was filed incorrectly. 

 

The I-824 has already been submitted back in November, I need to know how long its going to take. 

In general the 824 can take 3-4 months to process, however if I-130 was filed incorrectly it could take longer.

 

Each form filed you get a NOA...you would have had to file the 824 with the approval or NOA2 from the approval of the I-130

 

[Tristan1978 133]

Just now, Khallaf said:

In general the 824 can take 3-4 months to process, however if I-130 was filed incorrectly it could take longer.

 

Can I please ask you where you got this information from and is is specific to the Texas service centre? 

[Khallaf 650]

7 minutes ago, Tristan1978 said:

I appreciate you're trying to help Khallaf however you're incorrect, the NVC will not have it as it was filed incorrectly. 

 

The I-824 has already been submitted back in November, I need to know how long its going to take. 

I am still not understanding what you mean by it was filed incorrect, if the I-130 was not filed correct, then you couldn't have gotten an approval.

 

I am sorry I guess I am just not much help.

[Khallaf 650]

11 minutes ago, Tristan1978 said:

Can I please ask you where you got this information from and is is specific to the Texas service centre? 

http://kb.immigrationdirect.com/Knowledgebase/What-is-the-processing-time-for-Form-I824

 

[Jeanne Adil 1,651]

2 hours ago, Khallaf said:

do you know what your case # is?

 

I am doing my best to explain it I am sorry if you are becoming frustrated with me, but here is what takes place lawyer or no lawyer.

 

1. I-130 and I-130A are filed with needed documentation

2. NOA1 recieved

3. Approval--NOA2

4. case is AUTOMATICALLY transferred to DOS (Department of State)(NVC)

5. within a few weeks you call NVC get case #

6. Once you have case # you file AOS (Affidavit of support pay the fee)

7. DS-261 Package pay the fee

8. NVC process visa

9. Papers are sent to consulate for interview schedule.

10. Interview Complete passport returned VISA page included.

 

Actualy the  USC get the 2 bills and when they are paid ,  then the USC can file the DS260 and I 864 not before

the fees are paid and the 2 documents then are filled out online (seperately with the site given by NVC

 

3 hours ago, Tristan1978 said:

This is all correct, without trying to be rude this is not really relevant to my question. 

and the questions this OP asked were important as it mattered what steps had been taken already

BTW  sounds like the lawyer has not filed things in proper order

 

We do try to help here so take all answers as constructive and bear with us /  after all some of have been doing this for years and years

[Khallaf 650]

2 minutes ago, adil-rafa said:

Actualy the  USC get the 2 bills and when they are paid ,  then the USC can file the DS260 and I 864 not before

the fees are paid and the 2 documents then are filled out online (seperately with the site given by NVC

 

and the questions this OP asked were important as it mattered what steps had been taken already

BTW  sounds like the lawyer has not filed things in proper order

 

We do try to help here so take all answers as constructive and bear with us /  after all some of have been doing this for years and years

I guess I could have go into more depth on the steps but I was given the jest of what happens.

[geowrian 22,338]

You're missing the issue. The OP's lawyer filed an I-130 and declared that they would be filing for AOS within the US. However, the wife is not in the US and therefore AOS is not an option, and AOS was never filed (AFAIK). As such, USCIS still held on to the approved I-130 because they are expecting an I-485. The I-824 is being filed so that USCIS will submit it to NVC to go through the consular processing process for a CR-1/IR-1 visa instead.

 

I personally think an I-824 may be overkill here...some phone calls and a letter might have been just as effective, but idk if the OP already tried that or not. Either way, it's just a matter of waiting for the I-824 to be processed. I believe the time for this varies heavily, but typically it's around 6 months.

[Khallaf 650]

8 minutes ago, geowrian said:

You're missing the issue. The OP's lawyer filed an I-130 and declared that they would be filing for AOS within the US. However, the wife is not in the US and therefore AOS is not an option, and AOS was never filed (AFAIK). As such, USCIS still held on to the approved I-130 because they are expecting an I-485. The I-824 is being filed so that USCIS will submit it to NVC to go through the consular processing process for a CR-1/IR-1 visa instead.

 

I personally think an I-824 may be overkill here...some phone calls and a letter might have been just as effective, but idk if the OP already tried that or not. Either way, it's just a matter of waiting for the I-824 to be processed. I believe the time for this varies heavily, but typically it's around 6 months.

I did not miss the issue, I understood it clearly, I was trying to figure out which step was missed, and unless I missed it which I don't believe I did...I am not sure how out of all of that you gathered that the wife is not in USA? what is simple is we do not know what step the lawyer missed in doing...and that is WHAT I was trying to gather information on.

[Binna 108]

18 minutes ago, Khallaf said:

I did not miss the issue, I understood it clearly, I was trying to figure out which step was missed, and unless I missed it which I don't believe I did...I am not sure how out of all of that you gathered that the wife is not in USA? what is simple is we do not know what step the lawyer missed in doing...and that is WHAT I was trying to gather information on.

On form I-130 there is an item that tells USCIS whether the applicant will file for adjustment of status to that of a lawful permanent resident at the USCIS office. I believe this is where the lawyer made the blonder and now USCIS is expecting the filing for AOS.