Form I-824 after I-130 approval

[dhman06 4]

My wife filled out I-130 applications for my mother-in-law and father-in-law back in March and June of 2022. Both of their cases got approved yesterday. For my mother-in-law's case, USCIS is forwarding the petition to NVC in NH, but for my father-in-law's case they've asked him to fill out Form I-824 (please see attached image). Both of them are overseas and both applications were filled out the same exact way. So we're trying to figure out why my mother-in-law's case was sent to NVC, but for father-in-law's case USCIS asking to fill out Form I-824 for which we would have to pay another filing fee. Anyone had any similar experience?

[Mike E 11,726]

What were the answers in each I-130 to:

 

The beneficiary is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the U.S. Citizenship and Immigration Services (USCIS) office in:
61.a. City or Town

61.b. State

The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in:
62.a. City or Town

62.b. Province
62.c. Country

 

[dhman06 4]

2 minutes ago, Mike E said:

What were the answers in each I-130 to:

 

The beneficiary is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the U.S. Citizenship and Immigration Services (USCIS) office in:
61.a. City or Town

61.b. State

The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in:
62.a. City or Town

62.b. Province
62.c. Country

 

Unfortunately, we didn't save my father-in-law's application. Only saved my mother-in-law's and for 61a and b it says Dhaka, Bangladesh. We essentially replicated the same application for my father-in-law by changing his personal information, but didn't save the file

[Mike E 11,726]

16 minutes ago, dhman06 said:

Unfortunately, we didn't save my father-in-law's application. Only saved my mother-in-law's and for 61a and b it says Dhaka, Bangladesh.

That is the problem.

 

Read the entire question again:

 

The beneficiary is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the U.S. Citizenship and Immigration Services (USCIS) office in:
61.a. City or Town 

61.b. State

 

When you put in an answer for 61a and 61b, you were saying the beneficiary was in the U.S. and will adjust status in the U.S. 

 

For your mother, the ISO reading the petition saw that you meant to answer:

 

 

The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in:
62.a. City or Town 

62.b. Province
62.c. Country
 

For your father, the ISO did not give you that concession. That ISO held you to your error.

 

Hire an immigration attorney to handle these cases moving forward.

 

 

 

Edited April 5, 2023 by Mike E

[dhman06 4]

7 minutes ago, Mike E said:

That is the problem.

 

Read the entire question again:

 

The beneficiary is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the U.S. Citizenship and Immigration Services (USCIS) office in:
61.a. City or Town 

61.b. State

 

When you put in an answer for 61a and 61b, you were saying the beneficiary was in the U.S. and will adjust status in the U.S. 

 

For your mother, the ISO reading the petition saw that you meant to answer:

 

 

The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in:
62.a. City or Town 

62.b. Province
62.c. Country
 

For your father, the ISO did not give you that concession. That ISO held you to your error.

 

Hire an immigration attorney to handle these cases moving forward.

 

 

 

After looking at my mother-in-law's application, we filled out section 62 for her; not section 61; as both her and my father-in-law are abroad and will be applying for the immigrant visas abroad at a U.S. Embassy. So I think what this is saying we didn't fill out either section 61 or 62 for my father-in-law. I wonder if there's a way to download the application that we filled out since we didn't save my father-in-law's application

[Mike E 11,726]

7 minutes ago, dhman06 said:

wonder if there's a way to download the application

Did you file I-130 by mail or electroncally?

[dhman06 4]

Just now, Mike E said:

Did you file I-130 by mail or electroncally?

Electronically

[Mike E 11,726]

2 hours ago, dhman06 said:

Electronically

I am surprised you are not able to download the I-130 as it was filed.

[dhman06 4]

9 hours ago, Mike E said:

I am surprised you are not able to download the I-130 as it was filed.

Yeah can't figure out why the application isn't showing up on my USCIS account

[Mike E 11,726]

Really surprised the online form allows this ambiguity in the first place.

[dhman06 4]

11 hours ago, Mike E said:

Really surprised the online form allows this ambiguity in the first place.

Yeah. The first thing I tried was to lookup the actual application, but couldn't find a copy of it on my USCIS account