I-824 Process | Approved I-130 with USCIS (not with NVC yet)

[TJ7 0]

Hello everyone,

First time posting here. I do hope I am posting in the right forum. Admins, feel free to move/ advice if I should be posting elsewhere. 

 

Background:

I am a U.S. Citizen and I am in the process of applying for green card for my parents who are currently in India.

in 2018 My parents were here (in the US) on a visit visa and we applied for Adjustment of status. I filed I-130 & I-485 (for Adjustment of Status) for each of them.

Due to missing birth certificates I-485's were declined. However, I-130's were approved. 

My mother was taken ill as soon as they returned to India in end of 2019, so we never pursued this any further. Thankfully she has fully recovered now and I am trying to move this forward.

 

Current status:

It is my understanding their visit visa's were cancelled (despite the visa's being valid until 2022) as soon as we filed for adjustment of status in 2018. 

The plan is to continue their green card processing in India.

I checked with NVC and they were kind enough to enquire with USCIS. Turns out both I-130 approvals are still valid. I was advised (by NVC) to file I-824 to request that USCIS send these approvals to NVC.

 

I am trying to make sure I do this right. If I understand it right, in I-824 I simply need to select 1.d in Part 2 ? "I am requesting: USCIS to send my approved immigrant visa petition to the NVC ?"

Somehow this seems too simple and I want to make sure I am not missing something.

 

If I understand this right, based on the address of my parents (given in the beneficiary section of I-824), NVC will figure out which consulate in India to forward the approval notice ? And then my parents would receive a welcome letter each ? Is that how this works ?

 

I am hoping someone here has gone through a similar process. Can you please point out if I am doing this right, and/or if there are things I should be doing/ be mindful of ?

Thank you in advance for your help.

[Crazy Cat 39,826]

How long did they overstay in 2019?

[TJ7 0]

The came in July 2018 and stayed until Nov 2019.

The moment they applied for adjustment of status, they were allowed to remain until a decision was made on their case. The decision was made in Oct 2019. They were given 30 days to leave once the decision was made (application declined) and they left well within that 30 day window. It my understanding they never overstayed. 

 

Their presence here was completely legal as I understand it. Or is that not the case ?

[HRQX 4,145]

 

30 minutes ago, TJ7 said:

If I understand it right, in I-824 I simply need to select 1.d in Part 2 ? "I am requesting: USCIS to send my approved immigrant visa petition to the NVC ?"

That is correct.

Edited February 27, 2021 by HRQX

[TJ7 0]

5 minutes ago, HRQX said:

It'll be Mumbai. Mumbai is the only IV unit in India (if there hasn't been further change since 2018 https://web.archive.org/web/20180925175912/https://in.usembassy.gov/visas/immigrant-visas/)

That is correct.

Amazing. Thank you for the prompt answer. I really appreciate it.

I had no idea Delhi stopped processing green card applications. 

 

Going to choose 1.D in Part 2 and send these forms off then. 

If anyone recently did this and has a timeline, please do share. I will make sure I update this thread as we progress our cases.

 

[HRQX 4,145]

5 minutes ago, TJ7 said:

I had no idea Delhi stopped processing green card applications.

It happened in 2018. Not sure if there has been a newer change in the last year? The following thread says still only Mumbai:

 

[TJ7 0]

You are right on the money. It is only Mumbai at this time. I spoke to a travel agency in India who mentioned this too. I was just curious why the consulate websites does not have clarity on this.

 

I remember back in the days they used to list 'services offered' at each location. 

[Crazy Cat 39,826]

3 minutes ago, TJ7 said:

You are right on the money. It is only Mumbai at this time. I spoke to a travel agency in India who mentioned this too. I was just curious why the consulate websites does not have clarity on this.

 

I remember back in the days they used to list 'services offered' at each location. 

 

https://travel.state.gov/content/travel/en/News/visas-news/20180401_mission-india-immigrant-visa-processing-consolidation.html

[OregonTrunk 0]

Any update on your case?

[TJ7 0]

On 9/24/2022 at 1:45 AM, OregonTrunk said:

Any update on your case?

Yes. I applied to have the cased moved to NVC. Took a few months and something -very- interesting happened. 

NVC asked for marriage certificate for my parents. We were able to get a marriage certificate from the church where they got married. Submitted that document.

 

NVC soon approved my mother's application. But not my father's, despite us submitting exactly same documents. NVC said the marriage certificate we submitted was not in compliance with their 'accepted' list of documents. 

We resubmitted the same marriage certificate for my dad while also looking into obtaining a civil document. Our parent's marriage was not recorded with the government back in the day, so we knew it would be an uphill battle.

 

While we were working on/ waiting for the civil marriage certificate, we got another notification from NVC (a few months after resubmitting the church issued marriage certificate for my dad) informing us his case was approved. 🤷‍♂️

 

Considering both applications are now approved, we decided not to submit the civil marriage certificate at this point. It has been a few months since both applications were approved. Now we are waiting to hear from the embassy regarding interview for them.

[Mmango 5]

Hi, I have to do the same thing as you, I have a question. For the form I-824, do I sign as applicant or preparer? I'm the petitioner for the I-130 case.

[TJ7 0]

On 3/20/2023 at 5:54 AM, Mmango said:

Hi, I have to do the same thing as you, I have a question. For the form I-824, do I sign as applicant or preparer? I'm the petitioner for the I-130 case.

You are surely not the preparer, the way I understand it. A preparer, from my understanding, is an attorney or a third party helping you with the application.

In our case the only people who signed forms were my parents (beneficiaries) and me (applicant).

 

I hope this helps.

Good luck