BigT103

That's exactly what I thought and I did tell him that but he insisted it was the USCIS ' fault.

Yes I have all the copies in an email.

Noorah101

Big T,

Did the lawyer not ask you to sign the I-485 (and perhaps the I-765 and I-131, if those were also filed)? He would have asked you to sign those at the same time you signed the I-130, since they are all filed together for AOS.

Rene

S Folinsky

My initial thought on reading this thread was that the first few posts simply did not hang together. "It ...(was)...a puzzlement." Apparently, you had the same thoughts. However, you made the inquiries I was disinclined to make.

In my experience, about the only reason to file an I-824 would be when an I-130 was approved but the concomitant I-485 was denied. I saw nothing in the original post to suggest that that was the case.

Now, I discover that my first thought was correct.

In fact, it strikes me that approval of the I-130 shows that the lawyer saved a filed I-130 which by all rights should have been treated as abandoned.

I think it is good practice for a lawyer to obtain the signatures from the applicants in her office as the last thing to complete the adjustment package for submission.

BTW, with a local field office approval of an I-130 normal timelines of forwarding to NVC are out the window, whether or not an I-824 is required.

p.s. Former INS used to forward I-130's like OP's with no further application. I find it annoying and money grubbing by CIS to now require an I-824 and concomitant fee.

BigT103

Yes the lawyer asked me to sign the I-485, which I did as I was in the US at the time, however I was back in the UK when I paid all the filing fees and instructed the lawyer to proceed with my I-130 application. Do think it was possible that he amended the form for consular processing?

Noorah101

Why did you sign an I-485 at all, when you did not have the intent to do an AOS? That would have been the time for you to say to the lawyer, I don't need this form, as I'm not doing an AOS.... and then only sign the I-130.

Or did you first intend to do AOS but then changed your mind and went back to the UK instead?

I dont think the lawyer amended anything, no. I think he just sent in all the forms for AOS, either he wasn't paying attention, didn't do a final check of what forms he had in the package, misunderstood your directions...I can't speak as to WHY the lawyer filed an AOS case, but it could have been prevented back when you were asked to sign the I-485. It is the I-485 that indicates to USCIS that you are applying for AOS...not the I-130.

Rene

BenK91

Off subject a little but is there any chance of you recouping some costs here?!

BigT103

I did originally intend to file as AOS however I had to return to the U.K. and my lawyer knew that as I paid him from the U.K.

The whole reason I got a lawyer in the first place was peace of mind, after all what am I paying him for?

BigT103

I think once this case has been completed I will recoup as much as possible, at this stage my main concern is getting home to my wife. I have Been stuck in the U.K. / limbo for nearly a year now

Noorah101

So you were in the USA, gave the lawyer all the signed forms for AOS, and did not pay anything to him at that point, right? Did you sign a contract with him for a specific amount of money, with specific tasks covered, such as filing AOS? And the lawyer did not submit anything to USCIS while you were still in the USA?

Then you changed your mind, decided to go for the immigrant visa instead, and did you at that point notify the lawyer that you are not doing AOS? Were you in the USA at that time? Did the lawyer amend the contract to remove the AOS verbage and change the fee? Or did you leave the USA first, and notify the attorney once you were back in the UK?

Either way, once the lawyer knew you were not wanting to do an AOS, he should have amended your contract (or created a new one), outlining the new fees, both for himself and the USCIS fees, because it's a lot cheaper to file just the I-130 package than a whole AOS package. Did you notify him in writing, or verbally? If in writing, did you specifically ask him NOT to file the I-485 and other AOS documents? Did he respond to your written request, acknowledging it? If verbally, then you don't have any backup for your case with getting a refund from the lawyer.

OR....did the lawyer actually file the AOS package, THEN you changed your mind and returned to the UK? Although you mentioned not paying him until you were back in the UK, and I don't think any lawyer would file anything to USCIS without at least a retainer, so logic says that's not what happened.

Not all lawyers are competent, and perhaps it was misunderstanding or miscommunication, I don't know. The mere fact of having a lawyer does nor equal a smooth case, and as you can see, sometimes creates a new mess.

As Mr. F would say, there are lawyers who do "janitorial" work where things got messed up, like this one.

Rene

Noorah101

Did you just now (or just recently) discover that the AOS package was filed by mistake? Shortly after the AOS package was filed (nearly a year ago?), your USC spouse should have received mail from USCIS, such as a receipt for the I-485, I-765, and I-131, plus a biometrics appointment letter for you to do in for fingerprinting associated with the I-485 and I-765. Those would have been early clues that your case was mistakenly filed as AOS. Did she not receive those?

Those notices also could have gone to the lawyer's office, but in experience, a copy is also sent to the USC address. Or, the lawyer should have notified either you or your spouse that the notices arrived.

Rene

BigT103

We have only just found out that this was filed incorrectly as we rang the NVC and the USCIS and they told us the I-130 was for AOS. We have not received any other notices.

Rete

I had asked you previously and Rene/Noorah has asked you as well but you have not replied. Did or didn't your wife receive notification of your biometrics appointment by mail (in your name) or did you receive an e-mail or perhaps she did, notifying you of the pending biometrics appointment?

This notification would have been your first clue that something was wrong and that USCIS was working on your employment authorization and advance parole document.

Also did you have a full medical by a USCIS approved physician which was to be submitted with the AOS?

Noorah101

So neither you nor your wife, nor lawyer, received a "Notice of Acton" from USCIS, stating they received a I-485? Even if the I-765 and I-131 were not filed (as they are optional), a receipt notice for the I-485 still would have been sent.

Did you contact the lawyer prior to contacting NVC?

You have a full copy of what the lawyer submitted to USCIS (I know because you referred to it after Rete asked). Did you not look at that full set until just now?

Rene

BigT103

If you read my last post we have not received any other notices.

Yes I paid for a full medical at a USCIS listed doctors.

In the nicest possible way, how does any of this information help me with my original question regarding the processing time for the I-824 form?

Many thanks

Noorah101

We want to understand the big picture of your scenario, as it's highly unusual.

As you can see from 2 pages worth of posts, no one has addressed that question. Evidently it's a rare form to file, and no one here has direct experience to share. Maybe someone will come along, but most likely not. I've been on this forum for 14 years (Rete even longer) and this is the first time I've heard of it.

I don't think anyone can tell you how long it will take, but I'm sure we all hope it goes smoothly and you are reunited with your wife as soon as possible. In the meantime, you are allowed to visit each other as tourists.

Rene