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Xavier_

I-130 approved but I-824 required

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Filed: IR-1/CR-1 Visa Country: France
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Hi,

 

good news and bad news. As the title says my I-130 has been approved but now the USCIS ask to fill and send an I-824 to know what US Consulate we have to go through...

I have understood the processing time is like 9 months? that's huge and also another $500-ish fee, the basic mistake costs a lot of money :(  I wish they just asked this during the RFE and not another form to fill out

 

Any people went through this?

Edited by Xavier_
typo
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Filed: Other Country: China
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Many have made this same mistake, by failing to become A-Students of the form instructions and the form itself.  Yes, the consequences of this particular mistake are severe.  But, you now have plenty of time to do your homework on the most complicated form in the process, the I-864.

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Understanding the big picture is priceless. Anonymous

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Filed: IR-1/CR-1 Visa Country: England
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I’m in the same position! Was approved yesterday but received the request for the I-824. Sent it off today!

 

Did you leave the choice of consulate blank, or pick a US based one? I misunderstood the question and put the one nearest to the US address were intending to move to. 

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Filed: IR-1/CR-1 Visa Country: France
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4 hours ago, kitty854hp said:

I’m in the same position! Was approved yesterday but received the request for the I-824. Sent it off today!

 

Did you leave the choice of consulate blank, or pick a US based one? I misunderstood the question and put the one nearest to the US address were intending to move to. 

Oh wow! We left it blank I don't remember if it was on purpose or if we forgot it tbh 

For the I-824 I will send it ASAP as well, what did you put for Current/Recent Immigration Status?

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Filed: Other Country: China
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1 hour ago, Xavier_ said:

Oh wow! We left it blank I don't remember if it was on purpose or if we forgot it tbh 

For the I-824 I will send it ASAP as well, what did you put for Current/Recent Immigration Status?

Being kind here, but  you are asking the wrong question.  What you want to know is in the instructions, but also clear from the context.  If "you" the US Citizen are filing this form as the petitioner, you do not now and never will have any "immigrant status" in the USA.  Become an A-Student of the step by step instructions  for the form.  Not doing that is why both of you above, are in this mess right now.  

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: IR-1/CR-1 Visa Country: France
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Posted (edited)
41 minutes ago, pushbrk said:

Being kind here, but  you are asking the wrong question.  What you want to know is in the instructions, but also clear from the context.  If "you" the US Citizen are filing this form as the petitioner, you do not now and never will have any "immigrant status" in the USA.  Become an A-Student of the step by step instructions  for the form.  Not doing that is why both of you above, are in this mess right now.  

You are right. It is indeed the petitioner to fill out the form and not the applicant. Thanks for your help.

I have already fixed that on the PDF and also some other fields.
It is easy to mess up again and I am willing to make sure 100% the form is good before sending it. I have watched multiple videos to make sure I don't forget anything.

Currently, the only confusing part to me is the section "Reason for Request" (Part 2.).

One of the video I have watched with a similar context says to check the box D "USCIS to send my approved immigrant visa petition to the NVC." 

However since I didn't pick any Consulate for the NVC to send to, the choice B

 

"U.S. Citizenship and Immigration Services (USCIS) to notify a new U.S. Consulate, different from the one that I originally requested, through the U.S. Department of State's National Visa Center (NVC) or Kentucky Consular Center. USCIS will notify the U.S. Consulate about the approval of a nonimmigrant visa petition or about a new Port-of-Entry (the Port- of-Entry is different from what I originally requested) about the approval of a waiver application.

Please notify the U.S. Consulate or Port-of-Entry at: "

sounded more appropriate as I could enter the name of the US Consulate (Montreal, Canada) ? The part that makes me hesitate is the part "of a nonimmigrant visa", the I-130 does not belong to this category of visa

 

ugh not so easy sometimes to choose 😅


Thanks again

Edited by Xavier_
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Filed: K-1 Visa Country: Wales
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The US does not have Consulates in the US.

 

I thought I 824s were taking a couple of years?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Wow I didn’t know this could be a problem. I’m even surprised they didn’t choose one for you based on your resident address. When I did my husband’s I-130, I chose a consulate in our home country where we were both born but the NVC picked a consulate in his country of residence for his interview which made the process even faster as his country of resident had no backlogs.

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Filed: IR-1/CR-1 Visa Country: England
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4 hours ago, pushbrk said:

Being kind here, but  you are asking the wrong question.  What you want to know is in the instructions, but also clear from the context.  If "you" the US Citizen are filing this form as the petitioner, you do not now and never will have any "immigrant status" in the USA.  Become an A-Student of the step by step instructions  for the form.  Not doing that is why both of you above, are in this mess right now.  

Hindsight is 20/20. I do think USCIS should have separate I-130 forms for those filing within the US and those filing outside though. It would stop this issue from happening altogether. 

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Filed: IR-1/CR-1 Visa Country: England
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12 minutes ago, Moda25 said:

Wow I didn’t know this could be a problem. I’m even surprised they didn’t choose one for you based on your resident address. When I did my husband’s I-130, I chose a consulate in our home country where we were both born but the NVC picked a consulate in his country of residence for his interview which made the process even faster as his country of resident had no backlogs.

That’s what’s particularly frustrating. My address everywhere is in the UK, and it has been for 6 years. The approval notice was even addressed to me in the UK.

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Filed: IR-1/CR-1 Visa Country: France
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7 hours ago, Moda25 said:

Wow I didn’t know this could be a problem. I’m even surprised they didn’t choose one for you based on your resident address. When I did my husband’s I-130, I chose a consulate in our home country where we were both born but the NVC picked a consulate in his country of residence for his interview which made the process even faster as his country of resident had no backlogs.

Yes this is surprising.. maybe because I am French and living in Canada they didn't know which consulate to send?

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Filed: IR-1/CR-1 Visa Country: France
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10 hours ago, Xavier_ said:

You are right. It is indeed the petitioner to fill out the form and not the applicant. Thanks for your help.

I have already fixed that on the PDF and also some other fields.
It is easy to mess up again and I am willing to make sure 100% the form is good before sending it. I have watched multiple videos to make sure I don't forget anything.

Currently, the only confusing part to me is the section "Reason for Request" (Part 2.).

One of the video I have watched with a similar context says to check the box D "USCIS to send my approved immigrant visa petition to the NVC." 

However since I didn't pick any Consulate for the NVC to send to, the choice B

 

"U.S. Citizenship and Immigration Services (USCIS) to notify a new U.S. Consulate, different from the one that I originally requested, through the U.S. Department of State's National Visa Center (NVC) or Kentucky Consular Center. USCIS will notify the U.S. Consulate about the approval of a nonimmigrant visa petition or about a new Port-of-Entry (the Port- of-Entry is different from what I originally requested) about the approval of a waiver application.

Please notify the U.S. Consulate or Port-of-Entry at: "

sounded more appropriate as I could enter the name of the US Consulate (Montreal, Canada) ? The part that makes me hesitate is the part "of a nonimmigrant visa", the I-130 does not belong to this category of visa

 

ugh not so easy sometimes to choose 😅


Thanks again

After a good night of sleep and reading again the NOA2, I believe it's indeed the reason D "USCIS to send my approved immigrant visa petition to the NVC."

As it's specified they will choose automatically based on my location. Sometimes key is just sleeping and reading over and over 😁

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Filed: Other Country: China
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16 hours ago, Xavier_ said:

You are right. It is indeed the petitioner to fill out the form and not the applicant. Thanks for your help.

I have already fixed that on the PDF and also some other fields.
It is easy to mess up again and I am willing to make sure 100% the form is good before sending it. I have watched multiple videos to make sure I don't forget anything.

Currently, the only confusing part to me is the section "Reason for Request" (Part 2.).

One of the video I have watched with a similar context says to check the box D "USCIS to send my approved immigrant visa petition to the NVC." 

However since I didn't pick any Consulate for the NVC to send to, the choice B

 

"U.S. Citizenship and Immigration Services (USCIS) to notify a new U.S. Consulate, different from the one that I originally requested, through the U.S. Department of State's National Visa Center (NVC) or Kentucky Consular Center. USCIS will notify the U.S. Consulate about the approval of a nonimmigrant visa petition or about a new Port-of-Entry (the Port- of-Entry is different from what I originally requested) about the approval of a waiver application.

Please notify the U.S. Consulate or Port-of-Entry at: "

sounded more appropriate as I could enter the name of the US Consulate (Montreal, Canada) ? The part that makes me hesitate is the part "of a nonimmigrant visa", the I-130 does not belong to this category of visa

 

ugh not so easy sometimes to choose 😅


Thanks again

There is no substitute, for becoming an A-Student of the actual instructions.  Videos certainly are not a substitute.  You must verify with the actual instructions.

13 hours ago, kitty854hp said:

Hindsight is 20/20. I do think USCIS should have separate I-130 forms for those filing within the US and those filing outside though. It would stop this issue from happening altogether. 

That's why they have instructions.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: IR-1/CR-1 Visa Country: England
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12 minutes ago, pushbrk said:

There is no substitute, for becoming an A-Student of the actual instructions.  Videos certainly are not a substitute.  You must verify with the actual instructions.

That's why they have instructions.

I wasn’t aware they had instructions until recently. As I said- hindsight is 20/20. We’ll just hope for a speedy resolution. 

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