I-130 Petition Approved in US, but Now Residing Abroad

[ws1889 19]

5 hours ago, NikLR said:

I wouldn't say very common but it happens. 

I am pretty sure it is still open. I called USCIS and they were able to locate and confirm the approved petition. The I-485 was only denied due to us mistakenly using an outdated form.

[ws1889 19]

20 hours ago, geowrian said:

Yup. An I-824 is usually slightly faster, but if the I-130's existence is uncertain, then a "sure thing" of a few months longer is probably wiser.

Sorry to trouble you again, but you have been so helpful.

 

Would applying for a K-Visa be a more effective route? Money isn't an issue, but we do want to get it done as soon as possible, as we have an important opportunity coming up August 2020. Perhaps this isn't even feasible considering the inevitable I-601?

 

 

[HRQX 4,145]

45 minutes ago, ws1889 said:

Money isn't an issue...

If you attempt the K-3, the fee for the I-129F is $0: https://www.uscis.gov/family/family-us-citizens/k-3k-4-nonimmigrant-visas "There is no fee if you are filing a Form I-129F for a spouse to obtain a K-3 visa."

49 minutes ago, ws1889 said:

Would applying for a K-Visa be a more effective route?

You can try, but only six K-3 visas were issued worldwide last fiscal year: https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2018AnnualReport/FY18AnnualReport - TableXVIB.pdf Probably zero this year: https://www.uscis.gov/family/family-us-citizens/k-3k-4-nonimmigrant-visas "because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare."

[ws1889 19]

4 minutes ago, HRQX said:

If you attempt the K-3, the fee for the I-129F is $0: https://www.uscis.gov/family/family-us-citizens/k-3k-4-nonimmigrant-visas "There is no fee if you are filing a Form I-129F for a spouse to obtain a K-3 visa."

You can try, but only six K-3 visas were issued worldwide last fiscal year: https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2018AnnualReport/FY18AnnualReport - TableXVIB.pdf Probably zero this year: https://www.uscis.gov/family/family-us-citizens/k-3k-4-nonimmigrant-visas "because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare."

Oh, I see. In this case, it appears the choice is between an I-824 or a new I-130.

 

According to the USCIS website,  processing times  at some of the processing centers are actually longer for the I-824 than for the I-130. Any idea if you can choose which processing center, or which center would handle a case sent from abroad?

[geowrian 22,337]

1 hour ago, ws1889 said:

Sorry to trouble you again, but you have been so helpful.

 

Would applying for a K-Visa be a more effective route? Money isn't an issue, but we do want to get it done as soon as possible, as we have an important opportunity coming up August 2020. Perhaps this isn't even feasible considering the inevitable I-601?

The only possible K visa here is a K-3, and you will have better luck at winning the lottery.

 

Since the existing I-130 is verified to still exist with USCIS, my suggestion is to first try to get in touch with a Tier 2 and see if they can process it for consular processing instead of AOS directly. They really shouldn't do that just by request, but there's a non-zero chance you get somebody who can start the process. Failing that, the I-824 is the proper path to get them to do so. ETA for that can be anywhere from a couple/few months up to almost as long (or longer than) a new I-130. I've seen a mix of everything in-between, although a lot depends on what SC gets the I-824 and where the I-130 is actually located (i.e.if it is at an offsite storage facility, it takes a decent chunk of time for them to get it back to them, then for them to actually process it).

 

Unfortunately, I-601s are taking on a magnitude of a year right now on average. I think they have sped up a little in recent months, but both the I-601 and I-824 would have to be on the quicker side of things - and no delays with NVC or the embassy - to even have a shot at August 2020 IMO. Sorry, but that's just the realistic timeline.

There is the option to request an expedite on the I-601 with good cause (https://www.uscis.gov/forms/how-make-expedite-request).

 

Just now, ws1889 said:

Oh, I see. In this case, it appears the choice is between an I-824 or a new I-130.

 

According to the USCIS website,  processing times  at some of the processing centers are actually longer for the I-824 than for the I-130. Any idea if you can choose which processing center, or which center would handle a case sent from abroad?

Yup.

 

No way to choose SC...it's assigned based on their rules.

Edited August 18, 2019 by geowrian

[HRQX 4,145]

17 minutes ago, HRQX said:

https://www.uscis.gov/family/family-us-citizens/k-3k-4-nonimmigrant-visas "because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare."

Then USCIS sends something like the following in regards to the I-129F: https://www.visajourney.com/applications/core/interface/file/attachment.php?id=46459

[ws1889 19]

4 minutes ago, geowrian said:

The only possible K visa here is a K-3, and you will have better luck at winning the lottery.

 

Since the existing I-130 is verified to still exist with USCIS, my suggestion is to first try to get in touch with a Tier 2 and see if they can process it for consular processing instead of AOS directly. They really shouldn't do that just by request, but there's a non-zero chance you get somebody who can start the process. Failing that, the I-824 is the proper path to get them to do so. ETA for that can be anywhere from a couple/few months up to almost as long (or longer than) a new I-130. I've seen a mix of everything in-between, although a lot depends on what SC gets the I-824 and where the I-130 is actually located (i.e.if it is at an offsite storage facility, it takes a decent chunk of time for them to get it back to them, then for them to actually process it).

 

Unfortunately, I-601s are taking on a magnitude of a year right now on average. I think they have sped up a little in recent months, but both the I-601 and I-824 would have to be on the quicker side of things - and no delays with NVC or the embassy - to even have a shot at August 2020 IMO. Sorry, but that's just the realistic timeline.

There is the option to request an expedite on the I-601 with good cause (https://www.uscis.gov/forms/how-make-expedite-request).

 

Yup.

 

No way to choose SC...it's assigned based on their rules.

The I-130 was processed by Potomac, so perhaps it is still there? I will contact USCIS first thing tomorrow and see if I can get them to send it over. Should I immediately ask for a tier 2? Any advice here would be greatly appreciated

[ws1889 19]

5 minutes ago, geowrian said:

The only possible K visa here is a K-3, and you will have better luck at winning the lottery.

 

Since the existing I-130 is verified to still exist with USCIS, my suggestion is to first try to get in touch with a Tier 2 and see if they can process it for consular processing instead of AOS directly. They really shouldn't do that just by request, but there's a non-zero chance you get somebody who can start the process. Failing that, the I-824 is the proper path to get them to do so. ETA for that can be anywhere from a couple/few months up to almost as long (or longer than) a new I-130. I've seen a mix of everything in-between, although a lot depends on what SC gets the I-824 and where the I-130 is actually located (i.e.if it is at an offsite storage facility, it takes a decent chunk of time for them to get it back to them, then for them to actually process it).

 

Unfortunately, I-601s are taking on a magnitude of a year right now on average. I think they have sped up a little in recent months, but both the I-601 and I-824 would have to be on the quicker side of things - and no delays with NVC or the embassy - to even have a shot at August 2020 IMO. Sorry, but that's just the realistic timeline.

There is the option to request an expedite on the I-601 with good cause (https://www.uscis.gov/forms/how-make-expedite-request).

 

Yup.

 

No way to choose SC...it's assigned based on their rules.

Oh, and do you think a congressman might be able to push things through more quickly? I have a connection with one which I could use, but unsure if it would even do anything or not. Perhaps a lawyer would be able to get things done more quickly?

 

I feel pretty good about our odds with the I-601. I've read up on extreme hardship and I think we would meet the criteria. I will probably end up asking this forum again when the time comes.

5 minutes ago, HRQX said:

Then USCIS sends something like the following in regards to the I-129F: https://www.visajourney.com/applications/core/interface/file/attachment.php?id=46459

Oh, I see. I guess this is just all together too unlikely to succeed.

[geowrian 22,337]

1 minute ago, ws1889 said:

The I-130 was processed by Potomac, so perhaps it is still there? I will contact USCIS first thing tomorrow and see if I can get them to send it over. Should I immediately ask for a tier 2? Any advice here would be greatly appreciated

No idea where it is right now, sorry...that's an internal thing beyond what I have any insight into.

I would note your receipt number and what you want them to do (switch from Adjustment of Status to consular processing), then ask for the tier 2 from there. Good luck.

[ws1889 19]

Just now, geowrian said:

No idea where it is right now, sorry...that's an internal thing beyond what I have any insight into.

I would note your receipt number and what you want them to do (switch from Adjustment of Status to consular processing), then ask for the tier 2 from there. Good luck.

Awesome, I'll say exactly that!

[ws1889 19]

26 minutes ago, geowrian said:

The only possible K visa here is a K-3, and you will have better luck at winning the lottery.

 

Since the existing I-130 is verified to still exist with USCIS, my suggestion is to first try to get in touch with a Tier 2 and see if they can process it for consular processing instead of AOS directly. They really shouldn't do that just by request, but there's a non-zero chance you get somebody who can start the process. Failing that, the I-824 is the proper path to get them to do so. ETA for that can be anywhere from a couple/few months up to almost as long (or longer than) a new I-130. I've seen a mix of everything in-between, although a lot depends on what SC gets the I-824 and where the I-130 is actually located (i.e.if it is at an offsite storage facility, it takes a decent chunk of time for them to get it back to them, then for them to actually process it).

 

Unfortunately, I-601s are taking on a magnitude of a year right now on average. I think they have sped up a little in recent months, but both the I-601 and I-824 would have to be on the quicker side of things - and no delays with NVC or the embassy - to even have a shot at August 2020 IMO. Sorry, but that's just the realistic timeline.

There is the option to request an expedite on the I-601 with good cause (https://www.uscis.gov/forms/how-make-expedite-request).

 

Yup.

 

No way to choose SC...it's assigned based on their rules.

One last thing.... I don't recall denoting on the I-130 form whether I would prefer AOS or Consular Processing. Do you think I could claim that it was a "clear USCIS error" to not submit the petition to the NVC. This is a long shot, but perhaps the only case for expedition of the application.

 

Thanks 😃

[geowrian 22,337]

2 minutes ago, ws1889 said:

One last thing.... I don't recall denoting on the I-130 form whether I would prefer AOS or Consular Processing. Do you think I could claim that it was a "clear USCIS error" to not submit the petition to the NVC. This is a long shot, but perhaps the only case for expedition of the application.

 

Thanks 😃

You would need to provide evidence of their mistake. Do you have a copy of the I-130 showing otherwise?

[SalishSea 17,836]

35 minutes ago, ws1889 said:

Oh, and do you think a congressman might be able to push things through more quickly? I have a connection with one which I could use, but unsure if it would even do anything or not. Perhaps a lawyer would be able to get things done more quickly?

Nope.

[HRQX 4,145]

2 hours ago, ws1889 said:

we do want to get it done as soon as possible

There is a theory that is being peddled on the site, that if true, results in a few months shorter I-130 processing time:

I personally have a hunch that it's just a lucky coincidence; but I could be wrong.

[ws1889 19]

20 hours ago, HRQX said:

There is a theory that is being peddled on the site, that if true, results in a few months shorter I-130 processing time:

I personally have a hunch that it's just a lucky coincidence; but I could be wrong.

I see, this is an interesting theory. It does seem to be mere coincidence, but who knows? I wonder if I could even file for an I-129F with a new I-130 since I have already have one which has been approved.

Edited August 19, 2019 by ws1889