Can I file a second I-130, even if the first was approved?

[ws1889 19]

I know the title is a bit confusing, so please allow me to explain. We filed an I-130 in 2017, and it was approved, however, on the form we requested AOS, not consular processing. Now, we are abroad, so we would need to fill out an I-824 to proceed.

 

After looking at processing times on the USCIS website, it seems that the I-824 will take 7-12 months, while the I-130 should take only 5-7 months (assuming it's processed at the Texas service center, which is where I would mail the document based on the USCIS website). One thing to consider, however, is that we will file it online - so I am unsure which service center would process the application.

 

Anyways, the I-130 is slightly more expensive ($70), but it seems that the processing time is faster and there is the added convenience of online filing. What do you think - is this a good strategy? Is there any penalty for filing an additional I-130? Also, which center is most likely to process an online I-130 application (hopefully not Vermont, the wait times are incredibly long)? Thanks in advance!

Edited May 25, 2020 by ws1889

[milimelo 4,194]

Before you do that, why not first check the status of your I-130 (maybe they sent it to NVC) with USCIS and then with NVC - maybe they got it. Couple more days won't make much difference if you do decide on online petition. 

[ws1889 19]

9 minutes ago, milimelo said:

Before you do that, why not first check the status of your I-130 (maybe they sent it to NVC) with USCIS and then with NVC - maybe they got it. Couple more days won't make much difference if you do decide on online petition. 

The first I-130 was approved, but they've confirmed already I'd need to file an I-824 to have the approved I-130 sent to the NVC. Now, I'm just trying to figure out what would be the quickest processing option.

Edited May 25, 2020 by ws1889

[HRQX 4,145]

1 hour ago, ws1889 said:

(hopefully not Vermont, the wait times are incredibly long)?

The Vermont average time is skewed because they handle many petitions for petitioners with certain criminal records. If a routine I-130 (for petitioner with no such criminal record) is transferred to Vermont it tends to be adjudicated quickly:

 

[geowrian 22,335]

1 hour ago, ws1889 said:

assuming it's processed at the Texas service center, which is where I would mail the document based on the USCIS website

That's an incorrect assumption. The SC assigned to your petition isn't based on the lockbox you mail it to or where you live.

[ws1889 19]

5 minutes ago, geowrian said:

That's an incorrect assumption. The SC assigned to your petition isn't based on the lockbox you mail it to or where you live.

Oh, I see. Thanks, that's good to know.

[Duke & Marie 1,389]

2 hours ago, ws1889 said:

I know the title is a bit confusing, so please allow me to explain. We filed an I-130 in 2017, and it was approved, however, on the form we requested AOS, not consular processing. Now, we are abroad, so we would need to fill out an I-824 to proceed.

 

After looking at processing times on the USCIS website, it seems that the I-824 will take 7-12 months, while the I-130 should take only 5-7 months (assuming it's processed at the Texas service center, which is where I would mail the document based on the USCIS website). One thing to consider, however, is that we will file it online - so I am unsure which service center would process the application.

 

Anyways, the I-130 is slightly more expensive ($70), but it seems that the processing time is faster and there is the added convenience of online filing. What do you think - is this a good strategy? Is there any penalty for filing an additional I-130? Also, which center is most likely to process an online I-130 application (hopefully not Vermont, the wait times are incredibly long)? Thanks in advance!

You have an approved petition file the i-824 as instructed by USCIS to get the petition transferred. 

 

The mailing address of a new petition plays no part in which service center your case gets assigned to. There is no strategy to getting anything processed faster or everyone would be doing it. This is immigration, it’s slow and needs to be processed just like everyone else’s 

Edited May 25, 2020 by Duke & Marie

[ws1889 19]

1 minute ago, Duke & Marie said:

You have an approved petition file the i-824 as instructed by USCIS to get the petition transferred. 

 

The mailing address of a new petition has no part in which service center you case gets assigned. There is no strategy to getting anything processed faster or everyone would be doing it, it’s pot luck and needs to be processed just like everyone else’s 

Thank you for your post. So have you not heard of anyone filing a second I-130, as this form has a lower processing time than the I-824?

[Duke & Marie 1,389]

Just now, ws1889 said:

Thank you for your post. So have you not heard of anyone filing a second I-130, as this form has a lower processing time than the I-824?

No, most people usually do what USCIS instruct, which as us said, was to file the form to have it transferred.. 

 

note, when u file a new petition, it will ask you about any previous petitions, and it’s likely they’ll look at the last one, inc any notes/instructions recorded on it. Your not filing I-824 as instructed may result in RFE and other delays, since your now wanting 2 petitions for the same beneficiary.. 

 

choice is yours, follow their instructions or don’t, up to you

[ws1889 19]

4 minutes ago, Duke & Marie said:

No, most people usually do what USCIS instruct, which as us said, was to file the form to have it transferred.. 

 

note, when u file a new petition, it will ask you about any previous petitions, and it’s likely they’ll look at the last one, inc any notes/instructions recorded on it. Your not filing I-824 as instructed may result in RFE and other delays, since your now wanting 2 petitions for the same beneficiary.. 

 

choice is yours, follow their instructions or don’t, up to you

Point noted - the I-824 is the clear path. I was hoping to e-file and save time, but you're right that maybe they'll think something is off (even if I were to mention the previously accepted case). Thanks for your help.

[Lucky2Lucky 2,526]

Please note there are no guarantees in when it will be processed. Wait times are typically much longer now to covid, embassies are closed, workers are at a minimum. No one knows what the future will bring. Immigration was always unpredictable;  two cases, same service centers, no rfe; could have months differences. Cross your t’s and dot your i’s so you can do everything in YOUR power to make it quickest as possible to prevent a RFE). I would start with following what USCIS says..

[JFH 12,189]

Had you started with the I-824 last August when you first asked this question, you could’ve been almost done by now. Not only have you lost 9 months, there is now also the matter of everything grinding almost to a halt due to reduced staffing, office closures, etc. And now you want to find a way to make the process quicker? The sooner you file, the sooner it will be done. 

Edited May 25, 2020 by JFH

[ws1889 19]

19 minutes ago, JFH said:

Had you started with the I-824 last August when you first asked this question, you could’ve been almost done by now. Not only have you lost 9 months, there is now also the matter of everything grinding almost to a halt due to reduced staffing, office closures, etc. And now you want to find a way to make the process quicker? The sooner you file, the sooner it will be done. 

Yes, when you put it like that, it's really disappointing I haven't been able to submit the form so far. Unfortunately, I had some unexpected personal issues come up that prevented me from filing. Anyways, I'll file it now and hopefully that's it

[ws1889 19]

3 hours ago, Luckycuds said:

Please note there are no guarantees in when it will be processed. Wait times are typically much longer now to covid, embassies are closed, workers are at a minimum. No one knows what the future will bring. Immigration was always unpredictable;  two cases, same service centers, no rfe; could have months differences. Cross your t’s and dot your i’s so you can do everything in YOUR power to make it quickest as possible to prevent a RFE). I would start with following what USCIS says..

Hmmm that's really interesting. I guess as you say, there's no way of explaining it. But I'll follow your advice and go with the most straightforward path! Thank you!

[Duke & Marie 1,389]

9 hours ago, ws1889 said:

Point noted - the I-824 is the clear path. I was hoping to e-file and save time, but you're right that maybe they'll think something is off (even if I were to mention the previously accepted case). Thanks for your help.

Unfortunately it’s not a case of “even if you were to mention it” the I-130 form specifically asks if you’ve previously filed a petition (which you have) and to provide details.. the i-130a also asks the beneficiary of any prior applications made... so your required to list the approved petition at least twicenow that you know of..