rumbleiv123

9 hours ago, HRQX said:

Incorrect. Form I-824 is "Application for Action on an Approved Application or Petition"

https://www.uscis.gov/sites/default/files/document/forms/i-824instr.pdf "You must use Form I-824 to request U.S. Citizenship and Immigration Services (USCIS) or U.S. Customs and Border Protection (CBP) action on a previously approved application or petition."

Petitioner should call USCIS and request change to consular processing. Might have to request for a Tier 2 officer. If they refuse the request, you'll have to wait for the I-130 to be approved. Then the petitioner would be able to file I-824.

56 minutes ago, geowrian said:

I concur with this (I recall their previous thread).

The I-824 won't apply as the petition is not approved yet.

Getting in contact with USCIS - preferably a Tier 2 officer or a manager - would be the only viable path I can think of.

Thanks. I called as soon as the phone lines opened and got to a Tier 2 within 30 minutes. They said they sent the request to the service center and recommended I officially send a letter to withdraw my I-485  so I wouldn't have to wait for it to get denied.

26 minutes ago, James120383 said:

you file i-824 to change to CP 

so i would need to wait for 485 to officially abandon and the i130 to get approved before filing i824?

130 and 485 were sent as a package. We abandoned the 485 by leaving the US without advanced parole. The i-130 was accepted but not approved yet. I believe right now they have not officially considered the 485 abandoned since they recently accepted RFE for it.  How can I change the I-130  to consular processing ?

14 minutes ago, geowrian said:

So yes it's been accepted.

 

I would suggest contacting USCIS to see if there is a way to get them to change the I-130 to consular processing. Normally this is done via an I-824, but since the I-130 has not yet been approved, that won't work here.

A tier 2 officer on the phone may be able to make the change, or at least provide information on where to formally make the change (i.e. via email or mail) to get the gears moving.

Does this mean we may potentially have to restart the entire process over if an officer can not change it? I'm reading delays of up to 6-12 months for using the I-824 to change AOS to Consular If any officer can manually change it before then, that means it would save us this long delay?

5 minutes ago, geowrian said:

You got an RFE for the I-864, but the I-864 is dependent on the I-485, and the I-485 is dependent upon the I-130. But the I-130 hasn't even been accepted yet?

Or do you mean the I-130 hasn't been approved yet?

 

The I-130 would normally go to NBC alongside the I-485, and sit there pending the RFE being resolved. Once the RFE response is received and there are no other issues, the I-130 + I-485 sits in a queue to get an interview at the local USCIS field office. Then the interview is scheduled, then the interview itself, then (hopefully) adjudication of both forms.

To answer the direct question asked- yes, when an I-130 + I-485 are filed concurrently, the RFE for the I-864 would hold up the I-130 being adjudicated. They won't process just the I-130 when they have both already.

I got a 797C notice of action saying its been received. I'm not sure whether or not that means its been approved or accepted. So should I notify them somehow that we have abandoned the AOS by travelling without advance parole to avoid delays so they can proceed with just filing the i130 alone?

For example,

1. I file 130, 485 package
2. I get RFE for affidavit of support for 485
3. submit evidence and then I abandon 485.

Has my i130 still been processing during steps 2 or 3? Or does the processing stop because its waiting for the RFE?

10 minutes ago, geowrian said:

I overlooked the "ended up abandoning the I-485" part. My mistake. Ignore the above (edited now to remove the remark).

 

The I-485 no longer matters. It sounds like they haven't processed the I-824 (I'm assuming you filed this, right?) to do consular processing.

No because the I-130 has not been accepted yet. My question was whether or not the I-130's processing time was halted due to the RFE (it was for a affidavit of support for the AOS that is now abandoned) or are they independent of each other? We are aiming for end goal of CR1 visa (i hear K3 isn't even really a thing anymore) as soon as possible

2 minutes ago, geowrian said:

Generally they will adjudicate the I-130 + I-485 together after the interview.

Not like the timeline for the I-130 alone matters...even if it were approved today, nothing would change.

Doesn't that mean I can move to NVC + Consular phase sooner? I just checked and it appears they received the affidavit of support RFE for the abandoned i-485. Does that mean I didn't "lose" any time in the grand scheme of i-130 to visa?

Edit: Sorry, no. It is not a K1 visa.

We filed a i-130 and i-485 package together and ended up abandoning the i-485. I received a RFE for affidavit of support some months ago and sent the requested evidence back sometime last week (before the deadline). Does this mean that the I-130 has been halted this entire time or was it for the AOS?

1 hour ago, Boiler said:

How long will it be before she gets to use Holiday allowance?

It's just minimum wage so no holiday allowance i think. She can ask for time off but not paid.

4 hours ago, Boiler said:

What is her job in Canada? Dies she rent or own her residence. She would be quizzed, more logical for you to visit.

She lives with her parents. She has (will have) a job here in Canada. I'm actually here now, we are quarantining together for two weeks.

2 minutes ago, flfreddy said:

Yes to be in US permanently she needs a immigrant visa.  However if she is a Canadian, she can visit anytime I think.. but return within 90 day?   So practically she can visit you, but working legally and residing here, she needs the I-130 approved and GC

Yes this is what I'm confused about as well. Since we have an open application i130 and an abandoned adjust status application, from what I've gathered from the other posts she can't come on just "visiting" / B-2 Visitor Visa anymore because the applications show intent on wanting to live in the US. Though I am not sure.

43 minutes ago, Pinkrlion said:

How did she enter the US?  Did she leave before her I-94 expired for Tourist Visa?  Was she a K-1, and you were Adjusting?

Sorry for lack of clarification in the original post. Her I-94 expired for the tourist visa on 02-24-2020 and we had already sent in the application for adjusting by then. I am not sure what our options are here since she wants to come back in a few months when the emergency she left for has settled down. I was thinking we could file for a K-3 and get her back into the US or if she could just come on another B-2 visa if the time she spent after 02-24-2020 was allowed since adjust status was pending and therefore was "allowed".

We filed for adjust status and petition for alien relative. Unfortunately, we did not file for advance parole and my spouse had to leave back to Canada due to an emergency. She was suppose to leave on 02-24-2020 but from what I know was able to stay while the adjust status was processing.  I understand that our adjust status application is abandoned due her leaving without advanced parole. However, is she barred from re-entering? and is our petition for her green card still ongoing?