BigT103

Hi Guys,

I'm new on here and started my CR-1 application back in January 2017, my I-130 was approved on August 24th at the Texas Service Centre however it was filed incorrectly as an AOS as I’m living in the UK and my wife is in LA, and after speaking to my lawyer and the USCIS they’re blaming each other. So I have had to file an I-824 form to move my approved I-130 to the NVC, the burning question is how long it will take I can’t seem to find any info on this, I’m getting increasingly concerned as I thought I would be preparing to go home to my wife at this point in the journey.

Many thanks
Tristan

Noorah101

Sorry to hear of the mixup. Very odd that USCIS would treat an I-130 package as an adjustment of status, as it's not even the right form or fee for that process.

I have never seen anyone in these forums filing an I-824 form, I personally haven't heard of this form.

Unfortunately, I don't think anyone can say how long it will take. Your case is definitely not the norm.

Rene

BigT103

I think it's the lawyers fault for incorrectly filing as an AOS but it doesn't really matter now, the damage has been done.

Hopefully it will be quicker than starting the whole process over. Its frustrating seeing other people who filed their I-130's after me preparing for their interviews.

Noorah101

I don't see how even the lawyer could have done it wrong. An AOS package has many other forms and documents included, with a much higher filing fee.

But as you said, damage is done. I'm sorry I don't have any real advice for you.

Rene

tom169

Wow, what apparent incompetency from the lawyer!

I assume he/she is fired and you've hired someone else to get you out of this mess...

BigT103

I stupidly paid the lawyer in full at the beginning of the process and decided that it was best to stick with the lawyer as it's a case of "better the devil you know" if they were based in the UK i would have gone in to see them in person but yelling at them down the phone is a waste of time.

It's pretty ironic that you pay a fortune for a lawyer to make sure the paperwork is filed correctly when I could have done a better job myself free of charge.

tom169

Well that sucks. It's the reason why majority of this forums regulars continue to say that a lawyer isn't needed for most petitions.

Pretty much the only time I recommend it is when a business is involved; or someone doesn't believe there is probably no route to a visa for them.

BigT103

Yes, it sucks massively! Well, hopefully this is the first and last time I have to apply for a GC.

Noorah101

Just to get the terminology correct, you will be applying for an immigrant visa. You will become a US PR (i.e., get your green card) when you enter the USA using the visa.

Rene

BigT103

Much appreciated

Rete

Just curious but did the attorney file an I-485 at the same time as the I-130 and other accompanying forms?

BigT103

Looking back through my emails the lawyer had filled a I-485 form on my behalf.

Just to set the scene I was originally in the US when we saw the lawyer and he advised us that AOS was the best way forward, however I had to return to the UK as we needed / need money and I could not work in the US while waiting for the green card.

I had not paid the lawyer any money until I was back in the UK and thinking about it he did not ask me to fill out the I-130 form again for consular processing, could he have changed this at his end with my original form?

Rete

It is the completion of the I-485 that was the problem here. It was that the attorney, from what you said, told you or assumed that you understood he was telling you to remain in the US and adjust status rather than go back to the UK and complete the CR-1 visa.

By filing the I-485 on your behalf at the same time as the I-130 this is exactly what he did. He filed for your adjustment of status.

Obviously, there was a communication problem between you and your attorney.

BTW by filing the I-485, it cost you another $1,000 + in filing fees which were not necessary. Also since that fee also included the employment document (EAD) and travel authorization (advance parole A/P), didn't your wife receive any notification at her address from USCIS for you for your biometrics appointment?

If you can prove that you did not ask for adjustment of status but retained the attorney solely for the purpose of filing the initial stateside paperwork for the CR-1 visa obtained at the US Embassy in the UK, I would ask to have that fee returned.

BigT103

My lawyer knew full well that I was back in the UK as I transferred the funds from a UK bank account and have an email trail with his acknowledgement.

Also I have had to pay a further $465 to file the I-824.

I was thinking to not upset the apple cart and wait until I no longer need his services and then claim my money back, do you think this would be possible?

Thanks in advance

Rete

Anything is possible and it won't hurt to try. IMHO, he should have been the one to pay for the I-824 and not you, as the mistake was his. But that is my opinion.

Do you have copies of all the paperwork that was filed on our behalf or is he the only one that has copies?