Infomation for I 824 !

[Dana]

Hello everybody! An information please about form I 824. In the part one, who is the person filing the aplication, the husband who is in USA (american citizen) or me? And to the part two (reason for request) what box I have to check. I want that USCIS send to NVC my approved petition for I 130. I'm not in USA, my husband aplly I 129 F and I 130, the both were approved in the same time. USCIS send to my Embassy just I 129 F for K 3, but I want to apply for CR1 . I understand that I have to send to USCIS the form I 824 for this process. Thanks a lot.

[IBMMuseum]

Hello everybody! An information please about form I 824. In the part one, who is the person filing the aplication, the husband who is in USA (american citizen) or me? And to the part two (reason for request) what box I have to check. I want that USCIS send to NVC my approved petition for I 130. I'm not in USA, my husband aplly I 129 F and I 130, the both were approved in the same time. USCIS send to my Embassy just I 129 F for K 3, but I want to apply for CR1 . I understand that I have to send to USCIS the form I 824 for this process.

As part of the regular procedure, yes (but I didn't have to). Your case is very strong to interview on the I-130 since you haven't entered the U.S. (or even interviewed) on the K-3. Has your husband received any other paperwork for the I-130 at the NVC (usually Affidavit of Support papers, Choice of Agent, Change of Address, etc.)?

I have a contact for the NVC, which I would try before filing the I-824 ($$$, and a wait with USCIS)...

[Dana]

IBM Museum, thanks for your answer. My husband doesn't recieve any other papers from USCIS for I 130 process . For this reson I don't know what to do. USCIS sent to my embassy just the package for K3 visa. About I 130 they don't say nothing. My situation is that I will need an I 601 waiver and I want to go now to the K3 interview because I want to aplly for the waiver and to speed the process, to win some months. And in this time, also to start the CR1 process. Laurel told me that is better to go to K3 interview now and in the time that I will waiting for waiver process, to apply for CR1 that take also some months. And after they approve my waiver(if God wants), when I will go to pick up my visa, I ask for CR1, not for K3. But I don't know what I have to do for this process, because USCIS doesn't sent to my husband any anothers papers, just the I 130 approval petition. Thanks.

[USnoiva]

What was marked on the I-130 question #22? If you listed the consulate that will process your visa, then I was under the immpression that it automatically goes there. Eventually, your spouse in the USA will receive the paperwork.
It may be a little slower to get there than the K-3, but since you are filing I-601, then by the time the waiver is approved, you will probably be set up for an IR-1/CR-1 interview. (hopefully)
Then, instead of applying for adjustment of status in the US, you can interview in your home country for the GC.

[aussiewench]

It is no longer automatic that an I-130 will be sent to the NVC. In Oct, 2006 USCIS implemented a new process of retaining the approved I-130 at the National Records Center (NRC) if the I-129F has already been approved; assuming that the foreign beneficiary will apply to adjust status in the US from the K-3.

See here for the press release (http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf)

Dana, I would imagine it is the petitioners name as the US citizen petitioner is the one that filed the I-130. By using the I-824 the petitioner is requesting that the I-130 they filed be forwarded to the NVC for the immigrant visa process. The USCIS service center will generally also only deal with the petitioner, which also makes me believe that the the first section is in relation to the US citizen petitioner. As I'm not 100% on that, I will do some checking around to see if I can find out anything definitive.
Please keep in mind though that the current processing date for the I-824 is at around 6 months, so don't be under the false belief that the I-824 will be approved and forwarded to the NVC quickly. It is just like any other petition or application, it takes time. The service center also has to have the approved I-130 returned to them from the national records center, where they are held pending adjustment of status from the K-3. Once it is forwarded to the NVC you are looking at approx. 3-4 months or longer, before case complete. So, you could be looking at 9-10 months plus for the approval of the I-824 and NVC stage.

[USnoiva]

USCIS will retain all approved Forms I-130 for retrieval upon the beneficiary’s eventual application for adjustment of status (Form I-485), unless the petitioner clearly indicates on Form I-130 that the beneficiary will use the consular process.

Isn't this depending on question 22? If the USC indicated the consulate abroad, then I thought it was automatically sent there? Even with an approved I-129f.

[Dana]

Thanks guys answer me. I called to my Consulate and told me that they don't recieved nothing and my husband has to send the papers to NVC. I didn't know that this process take a lot of months. But in the time that I'm waiting my waiver process, I will waiting also for CR1 process. Maybe I have luck ,like I had in the case of I 129 f and I 130, that were approved both in the same time in 2 months.

[aussiewench]

Isn't this depending on question 22? If the USC indicated the consulate abroad, then I thought it was automatically sent there? Even with an approved I-129f.
That was my first thought too when this change first took place. However it hasn't been the case from the go. Only on the rare occasion across many boards have I read of cases where an I-130 was transferred to NVC if one also had an approved I-129F. In most cases it seems that the approved I-130 is being retained and transferred to the Records Center if one also has an approved I-129F, to await the adjustment of status from the K-3.
Q22 on the form is also ambiguous in the way it is worded.
'If your relative is not eligible for adjustment of status, he or she will apply for a visa abroad at the American consular post in:' Having an I-129F approved and the granting of the subsequent K-3 visa, does IMO make one eligible for adjustment of status once entry is made on the K-3.

[Dana]

Finnaly, what I have to do? My husband has to send I 824 to USCIS? In the part one,information about you....information about the husband who is in US or about me? The beneficiary am I? And at the part 2, what box he has to check, D? Thanks a lot.

[aussiewench]

Dana, if the US citizen petitioner is your husband, then he submits the I-824 with the first section having his details. If you are the US citizen petitioner that filed the I-130 then you need to submit the I-824 with the first section having your details.

You check Box D, yes, as this is the box indicating that you wish the I-130 to be sent to the NVC.

[IBMMuseum]

...Having an I-129F approved and the granting of the subsequent K-3 visa, does IMO make one eligible for adjustment of status once entry is made on the K-3.

Unless there is a situation that AOS is going to take too long under the circumstances...

[Dana]

Thanks a lot guys, you really help me. Ohh, I remember that when my husband sent the first time the I 130 form, he sent also the I 864. This change my situation? Thanks again. God bless you!