I-824 processing time for NVC Transfer

[Jeanne Adil 1,651]

i thing the OP does not understand the term as it can be confusing 

AOS adjustment of status

AOS application of support

[geowrian 22,337]

3 hours ago, Khallaf said:

I am not sure how out of all of that you gathered that the wife is not in USA?

I read any of their posts in other threads (including their own). One such recent post:

 

 

Edited January 15, 2018 by geowrian

[Ryan H 3,812]

~~~Duplicate threads merged; do not start multiple threads asking the same question.~~~

[Tristan1978 133]

 

12 hours 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.

Finally... Yes geowrian you understand what I'm saying, the I-130 is held up at the TSC and wont move as it was filed incorrectly as AOS. 

 

We have tried calling but with no luck, you say a letter would be good, would you know where and who I should address it to? 

 

Many thanks for your help. 

[geowrian 22,337]

15 hours ago, Tristan1978 said:

Finally... Yes geowrian you understand what I'm saying, the I-130 is held up at the TSC and wont move as it was filed incorrectly as AOS. 

 

We have tried calling but with no luck, you say a letter would be good, would you know where and who I should address it to?

That's the hard part, and not one I'm not certain on. Do you know where the I-130 is at right now? Is it the service center that approved it, or was it sent to the NRC? Typically, you would make the request with the service center that handled the case, but if it's at ther NRC, then it may need to be handled by the receiving party (NVC). I'm not certain and tried to look it up to no avail, sorry.

[Tristan1978 133]

2 minutes ago, geowrian said:

That's the hard part, and not one I'm not certain on. Do you know where the I-130 is at right now? Is it the service center that approved it, or was it sent to the NRC? Typically, you would make the request with the service center that handled the case, but if it's at ther NRC, then it may need to be handled by the receiving party (NVC). I'm not certain and tried to look it up to no avail, sorry.

The I-797 shows that it was sent from the Texas Service Center. 

[Tristan1978 133]

10 minutes ago, geowrian said:

That's the hard part, and not one I'm not certain on. Do you know where the I-130 is at right now? Is it the service center that approved it, or was it sent to the NRC? Typically, you would make the request with the service center that handled the case, but if it's at ther NRC, then it may need to be handled by the receiving party (NVC). I'm not certain and tried to look it up to no avail, sorry.

Also I have dug out the I-797C Notice Of Action for the I-824 and that was from the National Benefits Center... very confusing?! 

[geowrian 22,337]

16 minutes ago, Tristan1978 said:

The I-797 shows that it was sent from the Texas Service Center. 

7 minutes ago, Tristan1978 said:

Also I have dug out the I-797C Notice Of Action for the I-824 and that was from the National Benefits Center... very confusing?! 

I would suggest sending the letter to TSC then. The address is on the I-797. No guarantees they will act on it, but it's free, faster than the I-824, and I have heard of others having success so long as it is within 1 year of approval.

That's not unusual....the I-824 is being handled by the NBC. Once adjudicated, they would retrieve the I-130 and send it to NVC.

[Tristan1978 133]

1 minute ago, geowrian said:

I would suggest sending the letter to TSC then. The address is on the I-797. No guarantees they will act on it, but it's free, faster than the I-824, and I have heard of others having success so long as it is within 1 year of approval.

That's not unusual....the I-824 is being handled by the NBC. Once adjudicated, they would retrieve the I-130 and send it to NVC.

Thank you, as the beneficiary can I send the letter or will it have to be my wife the petitioner ?

[geowrian 22,337]

4 minutes ago, Tristan1978 said:

Thank you, as the beneficiary can I send the letter or will it have to be my wife the petitioner ?

The petitioner should send it as the I-130 is her form.

[Tristan1978 133]

3 minutes ago, geowrian said:

The petitioner should send it as the I-130 is her form.

Thanks for your help geowrian, much appreciated. 

[WaitingInLine 13]

Hello Tristan1978,

 

I understand exactly your situation. My mom filed for me while I lived in the U.S. and her lawyer filed for an "adjustment of status" which only applies to persons within the U.S. Long story short, I eventually moved out of the U.S. so the attorney last month needed to file what is called Application for Action on an Approved Application or Petition (I-824). This basially moves the approved petition from the NVC to the local U.S. Consulate. Sadly, I just looked at the processing date and they are on Feb. 3, 2017 (although a couple of weeks before they had gotten up to to March): http://www.aila.org/infonet/processing-time-reports/nbc/2018/nbc-processing-time-report-2-15-18

 

I have searched in these forums to see if anyone had an application sent to the MSC Center recently to see where they may actually be with the processing times but I haven't found any good info.

Edited March 2, 2018 by WaitingInLine

[Tristan1978 133]

On 02/03/2018 at 6:32 PM, WaitingInLine said:

Hello Tristan1978,

 

I understand exactly your situation. My mom filed for me while I lived in the U.S. and her lawyer filed for an "adjustment of status" which only applies to persons within the U.S. Long story short, I eventually moved out of the U.S. so the attorney last month needed to file what is called Application for Action on an Approved Application or Petition (I-824). This basially moves the approved petition from the NVC to the local U.S. Consulate. Sadly, I just looked at the processing date and they are on Feb. 3, 2017 (although a couple of weeks before they had gotten up to to March): http://www.aila.org/infonet/processing-time-reports/nbc/2018/nbc-processing-time-report-2-15-18

 

I have searched in these forums to see if anyone had an application sent to the MSC Center recently to see where they may actually be with the processing times but I haven't found any good info.

Hi WaitingInLine

You seem to be in the same situation as me, I have looked at the processing times for the NBC and it's been stuck on Feb. 3, 2017 for around 4 months now, from what people have said you should take that information with a pinch of salt. It's been over 4 months since they got my I-824 so I have my fingers crossed for some news soon. What country do you live in? 

 

[WaitingInLine 13]

3 hours ago, Tristan1978 said:

Hi WaitingInLine

You seem to be in the same situation as me, I have looked at the processing times for the NBC and it's been stuck on Feb. 3, 2017 for around 4 months now, from what people have said you should take that information with a pinch of salt. It's been over 4 months since they got my I-824 so I have my fingers crossed for some news soon. What country do you live in? 

 

I'm in Canada. From what I have been able to tell looking at what USCIS posts online as far as dates go, and what people here post, there seems to be a 4 month difference between the two so I am going by the assumption that they may actually be further ahead like June. Have you considered just paying the USCIS fee again and having your wife put in a new petition but this time done right? The processing fees for the I-824 and for a spousal petition aren't that far apart and the wait time may be shorter than waiting for the I-824 to get processed. In fact, I have a concurrent petition put in by my son in Sept 2017 who's over 21 for this same reason. I am just waiting the process out now to see which application makes it first.

[Tristan1978 133]

54 minutes ago, WaitingInLine said:

I'm in Canada. From what I have been able to tell looking at what USCIS posts online as far as dates go, and what people here post, there seems to be a 4 month difference between the two so I am going by the assumption that they may actually be further ahead like June. Have you considered just paying the USCIS fee again and having your wife put in a new petition but this time done right? The processing fees for the I-824 and for a spousal petition aren't that far apart and the wait time may be shorter than waiting for the I-824 to get processed. In fact, I have a concurrent petition put in by my son in Sept 2017 who's over 21 for this same reason. I am just waiting the process out now to see which application makes it first.

Yeah, we have thought about submitting a new I-130 however we're gonna wait this out and hopefully have some news soon, plus the processing times are a good few months longer from when we first submitted the I-130.