Had to file an I-824 form
Dec 8th 2017, 10:20 am
#31
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Re: Had to file an I-824 form
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
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
Unfortunately I cant go back to the US as I overstayed my ESTA, I entered the US in July 2016 and left January 2017.
Dec 8th 2017, 11:40 am
#32
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Re: Had to file an I-824 form
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
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
This situation is highly unusual and normal processing times are out the window. The I-824 processing timeline was updated on the USCIS website yesterday. (I just looked out of my own curiosity).
This situation is so unusual that I think that nobody, including those within the Gov't can predict how and when things will happen. At least we know what vehicle exists to attempt to retrieve things.
I am curious how OP notified the attorney he had returned to the UK. He writes as if the fact that the payment from a UK based account by itself was such notice. If and when he makes a bar complaint, he will have to clarify that - as written his belief is absurd.
Dec 8th 2017, 11:46 am
#33
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Re: Had to file an I-824 form
This whole situation is what former ConOff colleagues would call a "whoopsie." Ex-military would use the acronym "FU."
This situation is highly unusual and normal processing times are out the window. The I-824 processing timeline was updated on the USCIS website yesterday. (I just looked out of my own curiosity).
This situation is so unusual that I think that nobody, including those within the Gov't can predict how and when things will happen. At least we know what vehicle exists to attempt to retrieve things.
I am curious how OP notified the attorney he had returned to the UK. He writes as if the fact that the payment from a UK based account by itself was such notice. If and when he makes a bar complaint, he will have to clarify that - as written his belief is absurd.
This situation is highly unusual and normal processing times are out the window. The I-824 processing timeline was updated on the USCIS website yesterday. (I just looked out of my own curiosity).
This situation is so unusual that I think that nobody, including those within the Gov't can predict how and when things will happen. At least we know what vehicle exists to attempt to retrieve things.
I am curious how OP notified the attorney he had returned to the UK. He writes as if the fact that the payment from a UK based account by itself was such notice. If and when he makes a bar complaint, he will have to clarify that - as written his belief is absurd.
My lawyer knew 100% that I was back in the U.K. before any paperwork was submitted.
Dec 8th 2017, 12:01 pm
#34
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Joined: Dec 2017
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Re: Had to file an I-824 form
This whole situation is what former ConOff colleagues would call a "whoopsie." Ex-military would use the acronym "FU."
This situation is highly unusual and normal processing times are out the window. The I-824 processing timeline was updated on the USCIS website yesterday. (I just looked out of my own curiosity).
This situation is so unusual that I think that nobody, including those within the Gov't can predict how and when things will happen. At least we know what vehicle exists to attempt to retrieve things.
I am curious how OP notified the attorney he had returned to the UK. He writes as if the fact that the payment from a UK based account by itself was such notice. If and when he makes a bar complaint, he will have to clarify that - as written his belief is absurd.
This situation is highly unusual and normal processing times are out the window. The I-824 processing timeline was updated on the USCIS website yesterday. (I just looked out of my own curiosity).
This situation is so unusual that I think that nobody, including those within the Gov't can predict how and when things will happen. At least we know what vehicle exists to attempt to retrieve things.
I am curious how OP notified the attorney he had returned to the UK. He writes as if the fact that the payment from a UK based account by itself was such notice. If and when he makes a bar complaint, he will have to clarify that - as written his belief is absurd.
Last edited by BigT103; Dec 8th 2017 at 12:07 pm.
Dec 8th 2017, 2:35 pm
#35
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Re: Had to file an I-824 form
Darn. I'm so sorry to read this BT. At least it wasn't long enough to cause a ban which would add another problem to your plate.
You certainly have not fared well with all of this have you. Can the two of you perhaps meet up in Canada or the Caribbean if she can't come out to the UK for a few weeks? At least you can have some time together.
Dec 8th 2017, 3:14 pm
#36
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Re: Had to file an I-824 form
Darn. I'm so sorry to read this BT. At least it wasn't long enough to cause a ban which would add another problem to your plate.
You certainly have not fared well with all of this have you. Can the two of you perhaps meet up in Canada or the Caribbean if she can't come out to the UK for a few weeks? At least you can have some time together.
You certainly have not fared well with all of this have you. Can the two of you perhaps meet up in Canada or the Caribbean if she can't come out to the UK for a few weeks? At least you can have some time together.
We had our honeymoon in Mexico in June and she's been over in September and coming again for Christmas, so all is not completely lost. Just running out of money fast.
Dec 8th 2017, 3:19 pm
#37
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Re: Had to file an I-824 form
Hi BigT,
I know you really only want to know how long the I-824 time frame is, and Mr. F has given you a great answer.
I'm just thinking aloud here, and you don't have to answer if you don't want to. But you say the lawyer knew full well that you were back in the UK (and also that you were no longer going to do an AOS, but a CR-1 instead, correct?). And you paid the lawyer from the UK as well. Did you pay the lawyer the full AOS fees, or only the I-130 fee? If you paid the full AOS fee, then why would you do that, when you both know that's not the path you were taking? And if you only paid the I-130 fee, then what did the lawyer do, chip in and pay the rest of the AOS fees on his own?
Also, didn't you have a contract with the lawyer when you started the AOS paperwork together in the USA? And wouldn't you have had the lawyer amend that contract (or do a new one) to state "filing I-130 towards CR-1", rather than "Adjustment of Status"?
Again, just thinking out loud here.
Rene
I know you really only want to know how long the I-824 time frame is, and Mr. F has given you a great answer.
I'm just thinking aloud here, and you don't have to answer if you don't want to. But you say the lawyer knew full well that you were back in the UK (and also that you were no longer going to do an AOS, but a CR-1 instead, correct?). And you paid the lawyer from the UK as well. Did you pay the lawyer the full AOS fees, or only the I-130 fee? If you paid the full AOS fee, then why would you do that, when you both know that's not the path you were taking? And if you only paid the I-130 fee, then what did the lawyer do, chip in and pay the rest of the AOS fees on his own?
Also, didn't you have a contract with the lawyer when you started the AOS paperwork together in the USA? And wouldn't you have had the lawyer amend that contract (or do a new one) to state "filing I-130 towards CR-1", rather than "Adjustment of Status"?
Again, just thinking out loud here.
Rene
Dec 8th 2017, 3:37 pm
#38
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Re: Had to file an I-824 form
Hi BigT,
I know you really only want to know how long the I-824 time frame is, and Mr. F has given you a great answer.
I'm just thinking aloud here, and you don't have to answer if you don't want to. But you say the lawyer knew full well that you were back in the UK (and also that you were no longer going to do an AOS, but a CR-1 instead, correct?). And you paid the lawyer from the UK as well. Did you pay the lawyer the full AOS fees, or only the I-130 fee? If you paid the full AOS fee, then why would you do that, when you both know that's not the path you were taking? And if you only paid the I-130 fee, then what did the lawyer do, chip in and pay the rest of the AOS fees on his own?
Also, didn't you have a contract with the lawyer when you started the AOS paperwork together in the USA? And wouldn't you have had the lawyer amend that contract (or do a new one) to state "filing I-130 towards CR-1", rather than "Adjustment of Status"?
Again, just thinking out loud here.
Rene
I know you really only want to know how long the I-824 time frame is, and Mr. F has given you a great answer.
I'm just thinking aloud here, and you don't have to answer if you don't want to. But you say the lawyer knew full well that you were back in the UK (and also that you were no longer going to do an AOS, but a CR-1 instead, correct?). And you paid the lawyer from the UK as well. Did you pay the lawyer the full AOS fees, or only the I-130 fee? If you paid the full AOS fee, then why would you do that, when you both know that's not the path you were taking? And if you only paid the I-130 fee, then what did the lawyer do, chip in and pay the rest of the AOS fees on his own?
Also, didn't you have a contract with the lawyer when you started the AOS paperwork together in the USA? And wouldn't you have had the lawyer amend that contract (or do a new one) to state "filing I-130 towards CR-1", rather than "Adjustment of Status"?
Again, just thinking out loud here.
Rene
LEGAL FEES
Consular processing $4,000.00
Cost fee for consular processing $150.00
Fee paid for AOS application & cost fee $1,250.00
TOTAL LEGAL FEES
DUE $2,900.00
FILING FEES
I-130 Filing Fee $535.00
Please make check in the amount of $2,900 payable to XXXXXXX
Please make check in the amount of $535 made payable to U.S. Department of Homeland
Security.
A service charge of 2% per month will be charged on all delinquent accounts.
A $30 fee will be charged for all returned checks.
Dec 8th 2017, 4:03 pm
#39
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Re: Had to file an I-824 form
Confusing. It says "fee paid for AOS", but you didn't pay anything until you got back to the UK and weren't doing AOS. Wonder why that part is in past tense (fee paid).
Rene
Rene
Dec 10th 2017, 4:36 pm
#40
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Re: Had to file an I-824 form
“USCIS did not acknowledge that they made a mistake; however, they did acknowledge that they made the assumption that you would adjust status in the U.S. as you were eligible for adjustment of status before you left the U.S. back in January. They made such assumption even though we properly stated on the I-130 that this petition was based on consular processing”
Dec 10th 2017, 5:40 pm
#41
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Re: Had to file an I-824 form
I got this response from my lawyer on Friday, it seems pretty fishy to me:
“USCIS did not acknowledge that they made a mistake; however, they did acknowledge that they made the assumption that you would adjust status in the U.S. as you were eligible for adjustment of status before you left the U.S. back in January. They made such assumption even though we properly stated on the I-130 that this petition was based on consular processing”
“USCIS did not acknowledge that they made a mistake; however, they did acknowledge that they made the assumption that you would adjust status in the U.S. as you were eligible for adjustment of status before you left the U.S. back in January. They made such assumption even though we properly stated on the I-130 that this petition was based on consular processing”
If you told your lawyer, in writing, prior to him sending anything to USCIS, that you had changed your mind and only wanted to file an I-130 towards a CR-1 visa, then the lawyer mistakenly filed the whole AOS package.
Is that what happened? Honestly I'm still not clear on the timeline of everything, including when the attorney got paid, when he filed something to USCIS, and where you were at that time.
Rene
Last edited by Noorah101; Dec 10th 2017 at 5:49 pm.
Dec 10th 2017, 5:42 pm
#42
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Posts: 8,427
Re: Had to file an I-824 form
I got this response from my lawyer on Friday, it seems pretty fishy to me:
“USCIS did not acknowledge that they made a mistake; however, they did acknowledge that they made the assumption that you would adjust status in the U.S. as you were eligible for adjustment of status before you left the U.S. back in January. They made such assumption even though we properly stated on the I-130 that this petition was based on consular processing”
“USCIS did not acknowledge that they made a mistake; however, they did acknowledge that they made the assumption that you would adjust status in the U.S. as you were eligible for adjustment of status before you left the U.S. back in January. They made such assumption even though we properly stated on the I-130 that this petition was based on consular processing”
Twenty-five years ago I had to fix a similar problem regarding a group of I-130's to be processed in Seoul. Part of the family was in the US, part in Korea and they wanted to process together. On the US resident beneficiaries, we requested processing abroad. The former INS retained the visa petitions with advice to file for adjustment. A different time and attitude, I broke the petitions free for consular processing in short order.
It should be noted that an action can be taken which, in hindsight was quite ill advised, but was not due to negligence or malpractice.
If you are a fan of "Call The Midwife," there was an episode which demonstrates this. Nurse Patsy Mount figured out that a patient had a round worm which he contracted more than 10 years previous in a Japanese PW camp in Burma. Nurse Mount had seen it before when she was a prisoner as a child after the fall of Singapore. Dr. Turner had not been able to diagnose the condition. In fact he had earlier prescribed treatment which woke up the worm.
It can be said that Dr. Turner made a mistake, but he had no way of knowing and his training and experience could prepare him to handle.
Given my experience in one case 25 years ago, I would have done an entirely new I-130. But that experience is rare. There was no malpractice even if what the attorney did was ill advised in hindsight.
Last edited by S Folinsky; Dec 10th 2017 at 5:48 pm.
Dec 11th 2017, 12:25 pm
#43
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Re: Had to file an I-824 form
I think it's time to gather everything that has happened written down, all of the paperwork submitted, all of the receipts received, and get another (experienced) attorney's perspective on it.
This thread seems to be going round and round in circles and is now unfortunately way out of the realms of DIY.
This thread seems to be going round and round in circles and is now unfortunately way out of the realms of DIY.
Dec 12th 2017, 8:55 am
#44
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Re: Had to file an I-824 form
This whole situation is what former ConOff colleagues would call a "whoopsie." Ex-military would use the acronym "FU."
This situation is highly unusual and normal processing times are out the window. The I-824 processing timeline was updated on the USCIS website yesterday. (I just looked out of my own curiosity).
This situation is so unusual that I think that nobody, including those within the Gov't can predict how and when things will happen. At least we know what vehicle exists to attempt to retrieve things.
I am curious how OP notified the attorney he had returned to the UK. He writes as if the fact that the payment from a UK based account by itself was such notice. If and when he makes a bar complaint, he will have to clarify that - as written his belief is absurd.
This situation is highly unusual and normal processing times are out the window. The I-824 processing timeline was updated on the USCIS website yesterday. (I just looked out of my own curiosity).
This situation is so unusual that I think that nobody, including those within the Gov't can predict how and when things will happen. At least we know what vehicle exists to attempt to retrieve things.
I am curious how OP notified the attorney he had returned to the UK. He writes as if the fact that the payment from a UK based account by itself was such notice. If and when he makes a bar complaint, he will have to clarify that - as written his belief is absurd.
I'm still keen to know where you got your info regarding the I-824 form at the TSC ???
Thanks
Dec 12th 2017, 8:53 pm
#45
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Re: Had to file an I-824 form
Service Center processing times are not really useful in my opinion.
The Service Center reports are based on survey at the end of each fiscal quarter and are posted on-line about six weeks later. The report for the FY2017 Q3 [June 30, 2017] was posted on August 10, 2017. FWIW, it does include the I-824. The report for FY2017 Q4 [September 30, 2017] was posted on December 7, 2017. For some strange reason it does not include the I-824 processing time. By way of exception, the NBC report still includes I-824 date. Why the change? I have no idea.
The report for FY2018 Q1 [Dec 31, 2017] should be posted in February.
The Service Center reports are based on survey at the end of each fiscal quarter and are posted on-line about six weeks later. The report for the FY2017 Q3 [June 30, 2017] was posted on August 10, 2017. FWIW, it does include the I-824. The report for FY2017 Q4 [September 30, 2017] was posted on December 7, 2017. For some strange reason it does not include the I-824 processing time. By way of exception, the NBC report still includes I-824 date. Why the change? I have no idea.
The report for FY2018 Q1 [Dec 31, 2017] should be posted in February.
Last edited by S Folinsky; Dec 12th 2017 at 8:56 pm.