I-824 with pending i-130

[Shahzoda 29]

Hi friends, 

I hope your cases are going well. Im in a need of desperate advice from you guys. So, my mom has filed i-130 for my married sister, and recently we have received a letter requesting evidence about her birth certificate. And before the letter ends, it also says:

 

" INDICATE WHETHER BENEFICIARY WILL PROCESS OVERSEAS OR ADJUST STATUS IN THE U.S.

Your petition indicates that the beneficiary will both apply for the visa at an overseas consulate or embassy and adjust status in the United States. If your petition is approved and you have not indicated an option, USCIS will retain the case. If the beneficiary applies for the visa overseas, they may be required to file form I-824, Application for Action on an Approved Application or Petition, with fee, to have the petition mailed overseas." 

 

Basically, a person who filed i-130 for my mom, chose two options like to apply overseas and adjust status in the US. Thus, USCIS is unsure which one of them we want and asking us to indicate. How should I indicate? Should I file i-824 while my i-130 is still pending? I don't see any other ways of indication. Please, help me with it if you have been in such situation or know the solution. I greatly appreciate your efforts! 

 

Best, 

Lily

[Timona 4,207]

Your sister cannot adjust in US. So she has to go with the Consulate option. 

[Pleasework89 47]

You ONLY file I-824 if the I-130 is approved AND needed for consular processing. So you should make your choice for consular processing BEFORE the I-130 is approved. Wait time for I-824 is a long time and expensive too. Let them know that you are doing consular processing and write down the consulate or embassy your sister will go to for her immigration visa interview when the time comes. 

[arken 4,197]

1 hour ago, Shahzoda said:

How should I indicate?

Provide a statement indicating the beneficiary will appear for a visa interview. Also provide that specific page of the i130 with all sections properly filled out.

[Family 3,988]

13 hours ago, Shahzoda said:

Basically, a person who filed i-130 for my mom, chose two options like to apply overseas and adjust status in the US. Thus, USCIS is unsure which one of them we want and asking us to indicate. How should I indicate? Should I file i-824 while my i-130 is still pending

You are very lucky to have received the RFE on the unrelated issue and given an opportunity to correct the that mistake now before approval. It has saved you hundreds of $$ and a long delay had it been approved with both selection. 
Just respond to RFE and state it was an Unintentional Typo/ error and update correct info is consular post xyz. 
The frequency this “error “ is popping up is seriously on the rise and one unfortunate poster is now stuck waiting out another dreaded year of separation for the I-824 exactly for the same reason. She described a glitch in the USCIS form that made it seem as if both entries were required to proceed to next question..

I believe she is right..

The Ombudsman ordered USCIS to update I-130 instructions to clearly state only one option can be marked, BUT they are NOT acknowledging USCIS faulty /glitch or possible error.

 

[Shahzoda 29]

16 hours ago, arken said:

Provide a statement indicating the beneficiary will appear for a visa interview. Also provide that specific page of the i130 with all sections properly filled out.

Hi Arken,

 

Thank you for your reply. In the statement, should my mother say like "" I am ABC, the mother of XXX,would like to indicate that my daughter will do the consular processing once the application is approved." and at the end sign it? And for the i-130, choose the page that specifies whether the beneficiary does the consular processing? Like a sing page? 

[Chancy 6,241]

21 hours ago, Shahzoda said:

my mom has filed i-130 for my married sister

 

Your mom is the petitioner?  You posted this in the LPR sub-forum, but is your mom a US citizen?  If she is an LPR, not a USC, your mom cannot petition for your married sister.

 

[Shahzoda 29]

3 minutes ago, Chancy said:

 

Your mom is the petitioner?  You posted this in the LPR sub-forum, but is your mom a US citizen?  If she is an LPR, not a USC, your mom cannot petition for your married sister.

 

Hi, Yes my mom is us citizen, and she petitioned for my brother as well, his case was approved already. 

[arken 4,197]

3 hours ago, Shahzoda said:

Hi Arken,

 

Thank you for your reply. In the statement, should my mother say like "" I am ABC, the mother of XXX,would like to indicate that my daughter will do the consular processing once the application is approved." and at the end sign it? And for the i-130, choose the page that specifies whether the beneficiary does the consular processing? Like a sing page? 

Yes to both. Don't give much thought on the wording. It's not a Toefl. It could be as simple as

 

"The beneficiary, NAME, will pursue consular process in CITY, COUNTRY"

 

Signature

Petitioner - Your mom's name

 

 

[Ontarkie 14,218]

~~Moved to Bringing Family of USC, from Bringing Family of LPR~~