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Hanane S

Form i824 - To file the form or not to file it.?

By Hanane S in IR-1 / CR-1 Spouse Visa Process & Procedures

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Hanane S Contributor

Hanane S   4

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I130 got approved but she has to file form i824 which she doesn’t know why since she mentioned that She wants her visa to be processed abroad on her i130 not to adjust status .if she didn’t, her petition will be retained by uscis. It’s already said in the petition that the beneficiary resides outside USA.

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A&J22 Explorer

A&J22   30

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There is a specific question on the I-130 form that must be filled, question 62 ( page #8 ) asks about the consulate/country where the beneficiary will be interviewed at, if it is completed, the USCIS holds the approved i-130. I believe that you have no choice but to fill the form, it sucks but that's the existing process, I'm not sure if anyone had any success with this without filing the i-824. 

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pushbrk Grand Master

pushbrk   12,822

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Filed: Other Country: China
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10 hours ago, A&J22 said:

There is a specific question on the I-130 form that must be filled, question 62 ( page #8 ) asks about the consulate/country where the beneficiary will be interviewed at, if it is completed, the USCIS holds the approved i-130. I believe that you have no choice but to fill the form, it sucks but that's the existing process, I'm not sure if anyone had any success with this without filing the i-824. 

This is not correct.  If that question is NOT completed, USCIS holds the petition.  There are two questions.  One is where the beneficiary is adjusting status and the second is where they will "apply for a visa".  If the wrong one is completed, the petition gets held. If both are completed the petition MAY be held.

 

First check the petition itself and see what was entered in those fields?  If it's your mistake, file the I-824 and wait another year or so.  If it's their mistake, try to solve it with a phone call.  I would try the phone call either way though.

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A&J22 Explorer

A&J22   30

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19 minutes ago, pushbrk said:

This is not correct.  If that question is NOT completed, USCIS holds the petition.  There are two questions.  One is where the beneficiary is adjusting status and the second is where they will "apply for a visa".  If the wrong one is completed, the petition gets held. If both are completed the petition MAY be held.

 

First check the petition itself and see what was entered in those fields?  If it's your mistake, file the I-824 and wait another year or so.  If it's their mistake, try to solve it with a phone call.  I would try the phone call either way though.

Good catch, that is exactly what i meant, if it is NOT completed, i missed the NOT. Thanks

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Hanane S Contributor

Hanane S   4

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The petition was correct ,  applied for a visa to be processed abroad.  Have a copy of i130 application checked it and it was filed  as processed through NVC. Not inside USA as adjust status.everything was correct in the i130.anyway. Called and was said that the i824 has to be completed with the fee.

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A&J22 Explorer

A&J22   30

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10 minutes ago, Hanane S said:

The petition was correct ,  applied for a visa to be processed abroad.  Have a copy of i130 application checked it and it was filed  as processed through NVC. Not inside USA as adjust status.everything was correct in the i130.anyway. Called and was said that the i824 has to be completed with the fee.

The petition was missing a key question, although you might have listed your spouse's address abroad but that's not sufficient in the USCIS's mind since you didn't state the Consulate city/country , I personally think the USCIS shouldn't allow petitions to be submitted without that question answered. Good luck

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pushbrk Grand Master

pushbrk   12,822

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16 minutes ago, Hanane S said:

The petition was correct ,  applied for a visa to be processed abroad.  Have a copy of i130 application checked it and it was filed  as processed through NVC. Not inside USA as adjust status.everything was correct in the i130.anyway. Called and was said that the i824 has to be completed with the fee.

Terminology problem here, so I'm not sure what you did or didn't do on the petition.  You didn't apply for anything.  Did you specifically answer question 62 on page 8 indicating which consulate?

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Hanane S Contributor

Hanane S   4

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I filed I i30  before  3 times . N they were approved  with no problem and Yes it was mentioned country and city . But I read in lawfully app that this happened to too many petitioner . Most of them filed the application n got processed no more than 2 to 3 months. thanks for the reply .appreciated

 

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TBoneTX Grand Master

TBoneTX   45,063

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A hijack post + reply have been split into a new thread in this forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Pari0210 Newbie

Pari0210   0

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On 10/24/2022 at 10:56 PM, Hanane S said:

I filed I i30  before  3 times . N they were approved  with no problem and Yes it was mentioned country and city . But I read in lawfully app that this happened to too many petitioner . Most of them filed the application n got processed no more than 2 to 3 months. thanks for the reply .appreciated

 

hi, did you hear anything back ? My case was received in Sep 2022 and is at Nebraska service center but didn't hear anything after that. Current processing time for i-824 is around 18.5 months at Nebraska. I am waiting from long time to pass the case to NVC just for a silly mistake that i didn't choose the country where interview will take place. 

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