Why I 824

[Gbalu 3]

Hi All,

 

I did my I 485 interview on the 6th of Feb, this year. The IO told me then that he couldn't locate my I 130 approval letter in the system. My lawyer showed him a copy of the approval we had. He scanned it and said he would get it from NBC where it was initially approved. Today, I received a letter requiring me to file Form I 824 to request NBC to transfer the approval. Is this normal. I don't understand this procedure. Can some one explain especially if you or someone you know have been in this situation?

[geowrian 22,337]

Did the petitioner initially file the I-130 when the beneficiary was living abroad? Then did the benficiary file the I-485 in the US after the I-130 was approved? Please provide a full timeline.

If so, the I-130 was sent to NVC in anticipation of completing consular processing for a visa abroad instead of doing AOS in the US.

 

I thought USCIS would request the I-130 from NVC automatically....but it sounds like they want you to make that request. I'm not sure why, but if that's what they want then the only options are to do it or fight them to make them request it. My focus would be on getting it over and just doing it.

[Gbalu 3]

Geowrian,

 

Both i 130 and I 485 where filed in the US. I 130 was file 2015 and got approved same year. I 485 was file Nov. 2017

 

 

[geowrian 22,337]

1 minute ago, Gbalu said:

Both i 130 and I 485 where filed in the US. I 130 was file 2015 and got approved same year. I 485 was file Nov. 2017

On the I-130, was it indicated that you would go for consular processing (immigrant visa) or complete processing in the US (AOS)?

These are questions #61 and #62 on the current I-130 (they may be different numbers on the I-130 from 2015 when you filed)

https://www.uscis.gov/sites/default/files/files/form/i-130.pdf

 

It sounds like consular processing was indicated, but then you later decided to do AOS instead.

As such, the I-130 is sent to NVC after approval. NVC is part of the Department of State (DOS). USCIS is part of DHS. I'm assuming some lines got crossed...normally USCIS requests the I-130 from NVC automatically.

[Gbalu 3]

I am sure we didn't indicate that. I don't have the copy with me right now as I am at work, but I am sure we didn't indicate that. Just in case it was done so by error, we the I 824 resolve the issue?

 

[geowrian 22,337]

2 hours ago, Gbalu said:

I am sure we didn't indicate that. I don't have the copy with me right now as I am at work, but I am sure we didn't indicate that. Just in case it was done so by error, we the I 824 resolve the issue?

Alright. Even if you did, they are supposed to request the underlying petition once you file the I-485.

But yes, filing an I-824 will explicitly direct USCIS to retrieve the petition.

 

Edit: If you do file the I-824, I also suggest putting in an expedite request due to USCIS error. You can do so via calling them once they receive it. It won't hurt, and I think it has a fair chance of approval.

Edited February 27, 2019 by geowrian

[Gbalu 3]

Thanks Geowrian.

 

You and my lawyer are on the same page. Appreciate.

[geowrian 22,337]

No problem. Best wishes.

[Gbalu 3]

Geowrian,

 

The IO gave just a month to prove to him that we’ve properly filed the I 824. That’s the evidence he wants. Proof that the I 824 was properly signed. Given that USCIS delays with sending back receipt notices, could we send copies of what we mailed and the money order stubs as evidences? Could we also include a pic of the mailed envelope? Will those prove we properly filed I 824?

[NikLR 13,227]

Sure.

 

The reason fhe I-130 went into storage was because it was approved and then you did nothing with it for years.  Someone has to go find the physical file. Thus the I-824.  Bring or send all the evidence you have showing you filled it out and sent it and it was recieved.  

[asn2212 1]

I am in the same boat. I switched from consular processing to AOS after my i-130 was approved more than a year ago. We filed everything correctly with the help of our lawyer and I had my i-485 interview on Jan 30 , 2019 in Minneapolis. A few weeks later, I received the same RFE as you did asking us to file i-824 (because USCIS field office does not have my i-130).  

 

We responded to the RFE with the i-824 receipt notice two weeks back and have not heard back from them yet. Have you received any updates? It would be good to share the processing timeline or any updates from them on how they plan to process this given that this is a very NON STANDARD process that they are following!

  

 Thanks!

[Gbalu 1 0]

asn2212,

 

My lawyer realized that the i-824 was not designed to request NBC to send approved i-130 to USCIS. The NBC's web page explicitly asked concerned individuals not to pay any fee but rather make the request via email or physical mail. They have an email address on there to use. My lawyer then went to info pass and spoke to an IO who agreed that the form wasn't designed for such purpose and using it will achieve the purpose. He advised that my lawyer writes the IO showing evidences from the NBC web page on the way to request approved I-130 from NBC to USCIS. We wrote back with those evidences a week ago and we are waiting.

[Gbalu 1 0]

NVC I meant.

 

[Gbalu 1 0]

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/after-petition-approved/begin-nat-visa-center.html

 

 

[asn2212 1]

Thanks! Please let me know if you get any updates. I will do the same.

 

All the Best!