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CSmith2021

I-797 questions

By CSmith2021 in IR-1 / CR-1 Spouse Visa Process & Procedures

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Redro Experienced

Redro   4,611

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Filed: IR-1/CR-1 Visa Country: South Africa
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36 minutes ago, CSmith2021 said:

Filed about a year ago and finally got the approval notice. It says that we have to either file a Form I-485 in the US or a Form I-824 outside of the US. Since my wife and I already paid for the filing of the I-130 do we have to pay to have either one of these filed?

Where is your wife now?

And yes, you will have to pay if you file the I-485 or I-824. 

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Crazy Cat Grand Master

Crazy Cat   41,846

Posted
Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
3 hours ago, CSmith2021 said:

Filed about a year ago and finally got the approval notice. It says that we have to either file a Form I-485 in the US or a Form I-824 outside of the US. Since my wife and I already paid for the filing of the I-130 do we have to pay to have either one of these filed?

Yes.  It appears you completed the I-130 incorrectly.  It appears you either marked both choices or you marked neither Adjustment of Status or Consular Processing for your wife's process toward legal residency.  Thus, your I-130 is stuck at USCIS.  If your wife is currently outside the US, you will have to pay for and submit an I-824 to move the I-130 to NVC.  This could delay the process for up to a year.  If, on the other hand, your wife is CURRENTLY in the US, she can file I-485, I-765, I-131 packages to apply for a Green Card.  

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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