Questions on I-824

[AMBallesteros]

Filing out I-824 to have approved I-130 transfered to Lima, Peru. The instructions state to attach copies of the original petition or application, and a copy of the NOA for the original petition. I understand the NOA but are they asking for NOR for the original petition? Also the form is supposed to be mailed to the UCIS office that approved the original petition. The problem is we applied in Mesquite Texas but because of the backlog in Texas, our petition was transfered to Luguna, CA. California is where the application was eventually approved. So do we mail it to California. We have corespopnded with USCIS numerous times over different issues such as FOIA's and we always sent the requestes to St. Louis, MO. and they seem to have our records there. I'm confused about where to send this one. Please help.:confused1:

[Dorothea]

Okay, you aren't going to CDJ, sorry... Peru!
Okay, you need to make a photocopy of probably the original I-130 that you filed (assuming you kept a copy for yourself), and I would also include all forms that were sent to you. I would include the NOR just to be safe. If you didn't keep a copy of the I-130 then I don't know... but in the future you should always make yourself a copy of EVERYTHING you send to the government.... they lose so much!
As far as where to send forms you may want to call and ask for sure...
Or mail it to California where your paperwork is now.

[Laura]

AMB - sorry I'm not sure where you should send it. My best guess would be to call USCIS and see what they recommend. I am trying to think of someone else off the top of my head who filed an I-824 (most people don't need to) but I can't think of one right now.

[MendozaQH]

Wouldn't it need to go through NVC first????

[Laura]

??? I really don't know. Who has filed an I-824?


Anyone??!!!

[MendozaQH]

I know if you are going through CDJ, you definitely have to send it first to NVC before CDJ will accept it unless there are other circumstances (like the file is already at CDJ as was the case with my3helpers). Other than that, if you had attempted an AOS and were obviously denied, then you had to have teh file forwarded to NVC and it proceeded as normal from there.

However, I don't know the steps for other consulates, that is why I cannot say for sure if you go through NVC or directly to the consulate.......

[sunnysol]

Look at the bottom of your copy of the approved I-130. There should be a box checked off at the bottom left corner that says the I-130 is in a file at the ___________ service office. It sounds like you should call Laguna CA if that is where they have the original petition filed. The I-824 needs to first go to the office where the I-130 was approved, it is then sent by that office to the NVC. Good Luck!

[monki12]

Hi guys,
i did a I-824....we have to send it where the I-130 was processed at....not the nvc. the problem here is that yours was transferred because of the backlog. I want to say that you should send it to were it was approved since they will be the people who need to send it to the right consular office, but double check to make sure....

When i filed mine, i sent a copy of the application, a copy of the notice of action (where it was approved, not the receipt notice) and the fee. That's all i sent with it and i had no problems. Good luck to you....

[AMBallesteros]

They said that yes, I would need to submit the I-824 to INS in Laguna Niguel, CA but before I do it, she told me to call the NVC (603) 334-0700 to inquire if he already has a visa approved. She said the USCIS automatically sends the approved I-130 petition to NVC. I told her that I thought that I had to submit the I-824 to USCIS to request they send to NVC and she said not necessarily. :confused: I'm calling the NVC to get more info, will keep ya'll posted.

[AMBallesteros]

Called the NVC. They said they sent me a Visa packet in 11/24/2005. There was not response from me for two years, because we moved, so they sent me another notification 11/24/2007, which I did not receive because it also went to the adress where we lived when we first submitted our I-130. She told me that now our Visa case is scheduled for termination and that we need to write a letter to them to explain why we have not responded in (3) years. I told her that USCIS has our correct address because we send an update every time we move and she said that USCIS do not notifiy them of address changes. She also said that there is not guarantee that they will not terminate the case and if this happens, I will have to submit I-130 again. Writing letter today and over nighting it to NVC in Portsmounth, NH. I pray they let us resume on the case and don't terminate us.:bang:

[monki12]

wow...incredible......
i think you will be ok, especially if you have proof that you updated with uscis. It sucks that they dont notify eachother though (uscis and nvc) good luck with you. At least you get to save the money from the I-824....think positive.

[MendozaQH]

Called the NVC. They said they sent me a Visa packet in 11/24/2005. There was not response from me for two years, because we moved, so they sent me another notification 11/24/2007, which I did not receive because it also went to the adress where we lived when we first submitted our I-130. She told me that now our Visa case is scheduled for termination and that we need to write a letter to them to explain why we have not responded in (3) years. I told her that USCIS has our correct address because we send an update every time we move and she said that USCIS do not notifiy them of address changes. She also said that there is not guarantee that they will not terminate the case and if this happens, I will have to submit I-130 again. Writing letter today and over nighting it to NVC in Portsmounth, NH. I pray they let us resume on the case and don't terminate us.:bang:

It's OK, they don't terminate teh I-130 petition. NVC doesn't have that power. The only thing htey can do is return the petition to USCIS who will then hold it on file. What you need to do is determine where the I-130 petition is. If is still at NVC, then that saves you the $500 or whatever the filing fee is for the I-824. If they have already sent back the I-130, then you will need to go ahead and file the I-824 to get them to forward it to NVC.

Unfortunately, the fact that you went to your AOS interview and everything gives me the impression that NVC has already sent the I-130 back to USCIS. However, give it a shot with the letter to NVC to try to avoid the filing fee of the I-824!

Best of Luck!

[AMBallesteros]

Just got back from the post office. I overnighted the letter and I also sent them aa email with a copy of the letter attached. Now we wait and see what happens. I love you guys. Thanks soooo much for your help. If MendozaQH had not mentioned the NVC, I would have just paid the money and sent in the I-824. I can't say how much I love you guys. Thanks:D

[MendozaQH]

Good Luck! Hopefully NVC still has it!