jessie_g

hi

my I-130 has been approved before my I-129F. My husband received the approval notice while I was in the US visiting on the VWP. Can I just apply for adjustment of Status? Or do I still have to go back to the UK and apply for action on an approved petition?

I did post another thread, but think I made it too complicated! HELP!! We really don't know what to do! When I called the UCSIS they didnt even know what the I-824 (application for action on approved petition) was and had to look it up!

elga

Hi Jessie,
my advice would be to complete the immigration process of the I-130, go to the (London, UK) consulate, have your interview, get your Visa and your I-551 stamp upon entering the US afterwards and in the process get your greencard.
You don't *have to* do it that way but it definately should be the quickest solution since your I-130 is already approved!
Keep in mind that adjustment of status, possibly applying for a work permission, scheduling biometric appointments and all the other little steps will take their time and will most likely cost you more than an inexpensive flight to London and back to the States.

jessie_g

Thanks for the reply..just another question..can I just go schedule an interview in London? Or don't I have to wait until the USCIS here in the US forwards my approved petition there and they contact me? The problem we have is that they keep telling us that we have to wait for the I-824 to be processed, and at the moment they are processing those applications they received in 2002! That could be a long wait. Sorry if I'm a bit dumb on this whole process, but I am extremely confused about the whole thing!

elga

Hi Jessie,
considering the approved I-130 petition you'll need to wait until the USCIS gets back in contact with you (National Visa Center and/or Consulate abroad).

You are talking about a I-824...why did you file the application? My guess is it had to do with another or previous petition? In that case I would suggest that you withdraw that petition?! However, I don't really know nor understand why you would have filed a I-824 so I cannot give you an advice..., sorry!

jessie_g

sorry..we filed that as we had a I-129F application also, but the I 130 was approved before the K3, therefore the USCIS told us we would need to file the I-824 so that I could apply for my visa in the UK. the USCIS today told me to leave that alone for now, come back to the US on a visa waiver next time, and just apply for adjustment of status then. Think that's maybe the best route? Or just cancel the I-824 and wait to hear from the London Consulate?

Bluegrass Lass

Hi Jessie,

I am far from an expert in this area since we did a K1 visa, but I've read quite a few threads on here about k3's. I've never seen anyone mention an I-824. After an I-130 is approved, it's sent to the NVC. The next step, in my mind, is to look at the AOS process dates for your hubby's local office. Some places, like Atlanta, are taking 2 or more years to approve AOS. I think London is processing I-130's in about 2-3 months (someone correct me if I'm wrong). In all likelihood, pursuing the immigrant visa at the London Consulate would be quicker and easier (you wouldn't have to apply for work authorization and enter the US as a PR).

The NVC should send some info to your hubby that he fills out and sends back (I always thought it is an updated I-864 but could be wrong) and there is a fee to pay for this as well. Once that is taken care of, then your petition is sent to London. In London you will have to pass a medical, and go through an interview, and then you will have your visa in your passport. Just make sure all the documentation is in order.

I would do a few searches on here for other's that have approved I-130s to find out what they did. I would pursue the immgrant visa, and not try to Adjust status here. I think cindyabs is currently undergoing this route so look for some posts from her.

Good luck & Congrats on your approval!!

jessie_g

Hi and thanks for that, I'm from Glasgow too by the way!

My problemis this I-824. Because they approved my I-130 forst they told us we had to file that so that they would even send th petition to the NVC. At the moment it's just sitting there, cause they don't know whether to send it to the NVC or London. AARRGGHH. So what I don't know is if we cancel the I 824, will they just automatically send it to London? Or to the NVC as on the original I-130 application, we thought we would have the K3 and said that I would be applying in the US. Confusion confusion..just don't know what to do! At the moment all I know for sure is that I can adjust status get a work permit etc and not have to wait, as the I 824 processing at the mo is 2 yrs in Vermont. I don't wanna wait that long!! I'd love to be able to just go to London and get the GC, problem is I don't think they'll send it there without the I-824. Think I'm stuck with AOS!!

elga

Hi Jessie,
OK, now I see the connection.
And you are currently in the UK, not in the US, right?

Well, again, I would suggest simply waiting for the I-130 to be completed, getting your Visa in London, UK, travelling to the US within six months afterwards to 'activate your greencard' and live happily ever after

In the meantime I'd leave both the applications I-129F & I-824 alone, the processing times seem to be much longer than you getting your Immigration Visa based on the I-130 petition anways. After you're issued your Immigration Visa, withdraw the other two petitions.

I would not advice you to travel to the US now on a Visa Waiver and going the 'adjustment way' for two reasons:
1st
- you could possibly encounter some trouble trying to enter on a Visa Waiver during processing of your petition(s)
2nd
- even though you might be able to enter and go the 'adjustment way', it'll possibly take you much longer until you're issued the greencard which also means you will wait longer on a permission to work, being issued a social security number, being issued a travel document

I would think that you will receive your Immigration Visa (through the I-130 petition) probably within the following 2 months. Afterwards you're able to enter the US immediately as a legal permanent resident, will be allowed to work, apply for a SSN and so on.
Adjustment of status could take up to 1-3 years until you're a greencard holder (=legal permanent resident), you'll have to wait probably at least 90 days until you're issued your EAD, then need to apply for your SSN.

That is my opinion, I'm not a lawyer however nor a USCIS officer.

elga

Hi Jessie,
I'm not at all experienced with I-824 cases. However, as far as I understand the situation, the I-824 is based on you applying for a K3-Visa by having filed a 129F.
Now someone definately told you that the I-130 will not be processed until the I-824 is completed? Was that someone on the USCIS hotline? Is there any chance your husband could check into the situation at a local USCIS office and talk to someone in person on a walk-in basis i.e.? I'd also try contacting the London Consulate (preferably your husband!), trying to get an advice or answer from them.

Usually, you and your husband should be contacted by the National Visa Center before they forward your I-130 application documents to the London Consulate which should happen some 2-4 weeks after approval of the I-130. Now, I really don't know but definately wouldn't understand why the NVC would hold up that process because of the I-824.

Bluegrass Lass

Hold on a sec..you mean that Vermont isn't even forwarding your approved I-130 to the NVC?? I thought that was automatically done?! Once it reached the NVC, they are supposed to send some stuff to your hubby that will start the immigrant visa process. I think once your hubby sends them the appropriate docs, your petition should then be forwarded to London to complete the immigrant visa.

Seriously Jessie, do some searching on here for others that may be in the same situation. Since your I-129f is not approved, are you even allowed to adjust status while you are in the US on a VWP? I thought that only people who had entered on an approved K3 had the option to stay and adjust status or go the immigrant visa route once the I-130 was approved?! This sounds like a royal f*&^-up by somebody at USCIS.

jessie_g

Oh I know, I don't understand it either, but it's all apparently our fault because we assumed the K3 would process faster than the I-130. Now they are saying that the petition won't go anywhere until that is processed. I got my approval on July 8 and we still have heard nothing about it. The only advice I have managed to get from the hotline was to travel under VWP, which I should be able to do come October as I have medical treatment to receive in the US, (hubby AD military) that I can't get in the UK, and then apply for AOS once I get there.

jessie_g

ha ha..oh it's a definite 'mistake' on their end, but at least I now know that I can adjust status while on VWP. I had no idea I could do that. This thing has been approved since the beginning of July!! GGGRRR

Apparently thise beneficiaries in the ''immediate family spousal category'; are eliglible to apply for adjustment of status while on VWP. As long as you enter the US legally then you're good. Even says so in the instructions for the I-485 under the ineligibility section. Ineligible if you are on VWP, UNLESS you are a spouse, immediate family member etc of a US citizen. I'm gonna call them again in a while to make sure, but 2 people told me that from their hotline yesterday. I'm beginning to think that K3 etc is just a way to get more money out of us!

Anyway, I shouldn't complain, I suppose this is good news. I'll still have to wait longer for the GC than I would just going the direct route, plain old I-130 and that's it, however at least this way I'll get to wait here with hubby and not 3000 miles away!