I need help with my situation!

[misa 2]

And of course, they don't elaborate in their press release how one "clearly states" if they wish their I-130 to go to a consulate.

I wonder... For those of us that are still in I-130 processing, is there any way to send some sort of letter to whichever service centre to request that it be sent to a consulate after approval?

[aussiewench 9]

And of course, they don't elaborate in their press release how one "clearly states" if they wish their I-130 to go to a consulate.

I wonder... For those of us that are still in I-130 processing, is there any way to send some sort of letter to whichever service centre to request that it be sent to a consulate after approval?

That is where the I-824 comes in.

[misa 2]

That is where the I-824 comes in.

Would one need to wait until after approval? I'm guessing the answer is yes...

[meauxna 15]

That was only a few weeks ago Mel went to the Lawyer. We did the I 130 on our own. He went more to find out if anything could be expodited to get me back faster.

what did Mel answer on Question 22?

[MissStacey 1]

When Mel filled out the I 824, he was allowed to make 2 choices of which US Consulates the file would go to. He chose Calgary and Vancouver. I don't think the Calgary office handles very much of this kind of thing. Which is too bad, it is fairly close. I am in Edmonton. So I really have no idea at this point where my file will go. I only know my Interview will be in Montreal.

[meauxna 15]

Its not an automatic anymore M. Gone are the days of following both paths as a given. http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

In Wilhelmina's case, she was told to file the I-824 to transfer her case to the NVC and onto the consulate. Not unlike many will now have to do if they have a parallel I-129F. There is anecdotal evidence trickling in that regardless of what one answers in Q22 (The only place on the form where one can hope to satisfy USCIS directive to answer clearly as to whether you wish to apply for a visa at a consulate abroad), if they have an approved I-129F it is appears to be being assumed they will be adjusting status in the US.

Yes her lawyer sucked in not having the I-485 filed along with the I-130 when she was in the US. As you say, water under the bridge now.

I know I'm being totally thick here then. I understand what you're saying *with regard to someone who also files I-129f for a K-3*.

What happens to an I-130 that is just filed solo? It should still go to the NVC, right?

There must be thousands, hundreds of thousands of I-130s filed every year that are not going to result in K-3s or AOSs? Isn't that how Me's I-130 would appear, since there was no I-485?

[aussiewench 9]

Its not an automatic anymore M. Gone are the days of following both paths as a given. http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

In Wilhelmina's case, she was told to file the I-824 to transfer her case to the NVC and onto the consulate. Not unlike many will now have to do if they have a parallel I-129F. There is anecdotal evidence trickling in that regardless of what one answers in Q22 (The only place on the form where one can hope to satisfy USCIS directive to answer clearly as to whether you wish to apply for a visa at a consulate abroad), if they have an approved I-129F it is appears to be being assumed they will be adjusting status in the US.

Yes her lawyer sucked in not having the I-485 filed along with the I-130 when she was in the US. As you say, water under the bridge now.

I know I'm being totally thick here then. I understand what you're saying *with regard to someone who also files I-129f for a K-3*.

What happens to an I-130 that is just filed solo? It should still go to the NVC, right?

There must be thousands, hundreds of thousands of I-130s filed every year that are not going to result in K-3s or AOSs? Isn't that how Me's I-130 would appear, since there was no I-485?

You would think so M. But if they answered that she would be applying for adjustment in the US, they would then under the new process be able to send out a request for the I-824 and for another $200 for their coffers. I read of a couple of cases here on VJ in October around the time of the new process being implemented and I was scratching my head as to why they were told they had to file the I-824. I think the problem is arising in the implementation of this new process, in that as Yodrak pointed out in another thread, Q22 really does not satisfy on making this clear. If you look at the actual question....Complete the information below if your relative is in the United States and will apply for adjustment of status.....It is ambiguous in relation to if one is outside of the US despite the second section.

[Yodrak 7]

aussiewench and meauxna,

I'm curious about the same things that meauxna is.

My comments about I-130 Q22 were based on filing both I-130 and I-129f. That doesn't seem to be the case here, at least Wilhelmina has not mentioned an I-129f. Now that the NBC is forwarding I-129f for spouse petitions to the same SC that is processing the associated I-130, I would expect that the SC is going to decide what to do with the I-130 based on whether or not there is an I-129f. If there is, hold the I-130.

If there is not a companion I-129f, and Q 22 indicates that the beneficiary is not in the USA or cannot adjust status, then the I-130 goes to the NVC.

I'm guessing here that the I-130 said the beneficiary was in the USA, because if I understand correctly she was in the USA at the time teh I-130 was submitted. So the SC may have expected that an I-485 had also been submitted or would follow. In any event, sending the I-824 removes the guesswork and assures that the SC knows what to do with the approved I-130.

Yodrak

Its not an automatic anymore M. Gone are the days of following both paths as a given. http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

.....

I know I'm being totally thick here then. I understand what you're saying *with regard to someone who also files I-129f for a K-3*.

What happens to an I-130 that is just filed solo? It should still go to the NVC, right?

.....

You would think so M. But if they answered that she would be applying for adjustment in the US, they would then under the new process be able to send out a request for the I-824 and for another $200 for their coffers. I read of a couple of cases here on VJ in October around the time of the new process being implemented and I was scratching my head as to why they were told they had to file the I-824. I think the problem is arising in the implementation of this new process, in that as Yodrak pointed out in another thread, Q22 really does not satisfy on making this clear. If you look at the actual question....Complete the information below if your relative is in the United States and will apply for adjustment of status.....It is ambiguous in relation to if one is outside of the US despite the second section.

Edited December 5, 2006 by Yodrak

[MissStacey 1]

Yes. I was in the US when we filed the I 130. That is why I thought I could make a quick trip to Canada. Nothing had been approved or denied and I thought I would be fine to return. I learned my lesson. I had been told by someone (can't remember who, I've tried talking to so many people) that because I was no longer in the US when my I 130 was approved, that my I 130 might become null and void and we would have to start over. That is another reason my husband had a Consult with an Immigration Attorney. But now the I 824 has been sent and we are justing waiting to find out what happens next.

The I 130 and the I 824 are the only forms we have done and submitted.

Edited December 5, 2006 by Wilhelmina

[Yodrak 7]

Wilhelmina,

See the Guides and Visa FAQ sections on the immigrant visa. And the National Visa Center pages of the DoS web site.

Yodrak

..... But now the I 824 has been sent and we are justing waiting to find out what happens next.

The I 130 and the I 824 are the only forms we have done and submitted.

[meauxna 15]

I had been told by someone (can't remember who, I've tried talking to so many people) that because I was no longer in the US when my I 130 was approved, that my I 130 might become null and void and we would have to start over.

One very normal use of the I-130 is when the beneficiary has never even been to the US, let alone 'no longer' here.

Your situation is unusual because you didn't do your intital filing correctly to start with.

We're just sort of talking around your situation, so don't be confused by some of the other stuff we're talking about. Sorry to hijack your situation.

As Yodrak said, you should now concern yourself with the NVC and its steps (see wenchie's signature for timesaving tips) and then on to your interview at the Consulate. Other Canadian IR/CR applicants will be your best guide for 'how long'.

[shree_anil 0]

Its not an automatic anymore M. Gone are the days of following both paths as a given. http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

In Wilhelmina's case, she was told to file the I-824 to transfer her case to the NVC and onto the consulate. Not unlike many will now have to do if they have a parallel I-129F. There is anecdotal evidence trickling in that regardless of what one answers in Q22 (The only place on the form where one can hope to satisfy USCIS directive to answer clearly as to whether you wish to apply for a visa at a consulate abroad), if they have an approved I-129F it is appears to be being assumed they will be adjusting status in the US.

Yes her lawyer sucked in not having the I-485 filed along with the I-130 when she was in the US. As you say, water under the bridge now.

Based on the answer above, my question is, do I have to file I-824 to move the petition to NVC? I read the link above and I answered Q. 22 on the I-130, regarding the consulate my spouse will apply for visa in. Also my K3 has not been approved yet. Does an unapproved K3 change the equation or the I-824 has to be done regardless?

[Yodrak 7]

shree_anil,

Good questions. Let us know how things progress with your situation.

Yodrak

Its not an automatic anymore M. Gone are the days of following both paths as a given. http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

....

Based on the answer above, my question is, do I have to file I-824 to move the petition to NVC? I read the link above and I answered Q. 22 on the I-130, regarding the consulate my spouse will apply for visa in. Also my K3 has not been approved yet. Does an unapproved K3 change the equation or the I-824 has to be done regardless?

[CutienPurg 0]

Our I-129 F was approved on Oct 3 and I-130 on Nov 14/16. The NOA2 included the standard message of how it will fwd the I-130 to the NVC for processing.

I called the NVC today.

The automated system as well as the operator could find no record of the petition. I asked if it was possible that USCIS sent the NOA, stating it would forward the petition to them, erroneously. She said " if the NOA says it'll be forwarded then it should be forwarded", although she didn't deny an error was possible. She couldn't address the new policy of retaining approved petitons at the USCIS as it is a USCIS policy and not theirs.Pretty much she said , keep calling and checking to see if we got it..........guess that's what I'll do

[shree_anil 0]

Did you call the CIS to see what they say? Maybe you should check with them about filing an I-824?

Our I-129 F was approved on Oct 3 and I-130 on Nov 14/16. The NOA2 included the standard message of how it will fwd the I-130 to the NVC for processing.

I called the NVC today.

The automated system as well as the operator could find no record of the petition. I asked if it was possible that USCIS sent the NOA, stating it would forward the petition to them, erroneously. She said " if the NOA says it'll be forwarded then it should be forwarded", although she didn't deny an error was possible. She couldn't address the new policy of retaining approved petitons at the USCIS as it is a USCIS policy and not theirs.Pretty much she said , keep calling and checking to see if we got it..........guess that's what I'll do