Filed I-130 while leaving Part 4 62a-c blank for getting visa abroad and now potentially I-824

[vashishpatel 1]

I applied for I-130 but must have left a section blank and now I got I-130 approval but with this notice:

 

"The above petition has been approved. However, you did not indicate on the petition whether the beneficiary intends to apply for an immigrant visa abroad at a U.S. Embassy or a U.S. Consulate or will apply for adjustment of status in the United States. Therefore, USCIS has retained the petition."

 

"If the beneficiary decides to apply for an immigrant visa outside the United States based on this petition, you should file Form I-824, Application for Action on an Approved Application or Petition, to request that we send the petition to the U.S. Department of State National Visa Center (NVC)."

----

 

1. If I file I-824 do I have to pay the fee associated to it again? Is there any alternate way?
2. I have a separate I-130 in process for my brother is it possible to update that I-130 before it gets to this phase so I can avoid the I-824?

[powerpuff 6,606]

3 minutes ago, vashishpatel said:

If I file I-824 do I have to pay the fee associated to it again?

Yes

3 minutes ago, vashishpatel said:

Is there any alternate way?

I’m afraid not.

 

4 minutes ago, vashishpatel said:

I have a separate I-130 in process for my brother is it possible to update that I-130 before it gets to this phase so I can avoid the I-824?

You can give it a shot, it might work.

[Boiler 45,322]

I am repeating myself but this seems a common problem and I am not sure why.

 

Brother, I assume you have applied recently so are looking at a multi decade wait, who knows what the procedure will be then but I see no harm in contacting them assuming you made the same error.

[vashishpatel 1]

Man, that sucks. Pretty mad at myself for not filling it out properly the first time.

 

My family friend was filling out form same time as me and his form went through for his father. She and the same missing information. Is it just a matter of luck or she will face problems down the line? Her i-130 was already transferred to NVC and already submitted ds-260 and i-864 and all @Boiler

[powerpuff 6,606]

Sheer luck of which officer you get.

Edited October 15, 2023 by powerpuff

[vashishpatel 1]

Got it, thanks @powerpuff

Disappointed in myself. Delayed my family coming for who knows how long

[vashishpatel 1]

Is it possible to just file the I-130 again for the same person rather than waiting for I-824?

I-824 isn't available online and it seems like it takes forever for approval/transfer to happen anyways. I feel I'll be better off filing I-130 again and paying addition $70 filing fee.

Just not sure what would happen if I file it again for the same person

[Boiler 45,322]

I have certainly seen people refile and it is one of those where I am not sure there is a clear answer, your call.

 

$70? Not sure what that is for.

[Boiler 45,322]

Duhh the extra over the I 824

[Boiler 45,322]

Ohh now for the Brother I would not do that as that will just delay the PD.

[Dataunavailable 82]

9 hours ago, Boiler said:

I am repeating myself but this seems a common problem and I am not sure why.

 

Brother, I assume you have applied recently so are looking at a multi decade wait, who knows what the procedure will be then but I see no harm in contacting them assuming you made the same error.

It seems extremely common lately, so much so that Nebraksa currently posts an 80% done within 22 month timeframe for processing. Oddly California and NBC are both 5 months or less, so they could start offloading other SCs to these places to speed it up.

I also follow a long with a social media group that has I824 filers for all service centers, the amount of people in there is staggering. The group has around 1000 members in it. 824s needed for lawyer mistakes and self mistakes on the AoS/Consular questions. 

 

People have commented that they tried having the issue fixed prior to approval of the I130 but it didn't do any good and an 824 was still required. 

 

You know my feelings on this form so I won't beat a dead horse. Unfortunately being a fee driven entity and such a common mistake, I don't see them enforcing a change anytime soon. 

[vashishpatel 1]

I just can't believe $465 processing fee to tell them to mail it to NVC for something that is just a small amendment to I-130. I think that section in online filing was a little confusing (at least to me) which is why I messed it up. I don't even remember leaving it blank. Now it will delay the process and I have to pay even more money!

[Dataunavailable 82]

3 hours ago, vashishpatel said:

I just can't believe $465 processing fee to tell them to mail it to NVC for something that is just a small amendment to I-130. 

This is the biggest issue with the form. Because the only option you select is to "send my approved petition to NVC", outside the exact same information on the 130. There is no world where USCIS should be confused on what to do and hold the petition, with a human looking over a petition that has every other part of the form for the beneficiary, as an address that is in a different country other than the U.S., if the beneficiary was here, you would in most circumstances also be submitting an I-485 as well. 

 

Much less charge nearly the same amount as the I-130 itself, but as we all know, USCIS is a fee driven entity, when a fee can be collected, it will be. This is assuming why the petition is still approved without sending an RFE about a conflict of information on the I-130. 

 

Yes 100% in this specific situation, an Emma request, email or a call to USCIS should suffice to tell them to send the I-130 to NVC. Some might still defend the archaic nature of certain USCIS policies/procedures, but the 824 specifically to move a 130 to NVC, is a pure fee grab and needs to be changed. I've said it before in other posts, people complain about processing times and backlogs, and needing an 824 to move a 130 is a waste of our time and the ISO's time. Sure someone will argue you made the mistake, just as easily it could be said that it's something that could be fixed by a five minute phone call or email. As I also mentioned earlier, countless people have also sent in a letter, error free page, email request prior to 130 approval due to notice of mistake, and still needed an 824. 

[Boiler 45,322]

For this reason alone I am now officially in favour of applying on paper not online.

 

I do not remember this being an issue and it feels much less likely to be an issue if you printed and filed in the form.

[Soccer.Player 47]

hi,

check this screen shot its clearly saying where i want to move my petition and i got notice if i want to move my petition i have to file i-824 and have to pay 465$ thats scrazy  and my kids petitions already approved and with NVC and i was waiting for my wife approval notice and i got this .