Any member knows how I-824 works?

[smalltoe]

As I'm now in the USA to apply for GC based on marriage with a US citizen and I have a son of 8 in China, shall I file I-824 along with my AOS application? I just learned that there is a I-824 for child residing abroad. There's only a few words about I-824 in the instructions for I-485. If that can accelerate the process to get his GC when my case is approved, it is great. Does it mean if I file I-824 as part of my application, I will not have to apply for GC again for him if my case approved?

Thanks a million!!!

[dnoblett]

I-824 is to get action on an APPROVED petition or for replacement of a lost approval notice, you need to file an I-130.

 

US Citizen can file for I-130 for "Step son under age 18" after marriage to Foreign citizen. I-824 not needed for this, the approved I-130 will be sent to NVC and Consulate automatically.

 

Refer to: http://candleforlove.com/forums/index.php?...c=28571&hl= for the background on this case.

 

Who May Not File This Form I-130?

 

A stepparent or stepchild, if the marriage that created the relationship took place after the child's 18th birthday.

http://www.uscis.gov/files/form/I-130instr.pdf

[david_dawei]

It sounds like there are two issues:

1) You need to apply for AOS; your married to a USC but got married while in the US(?)

2) You want to bring your son from china to the US; your husband would file the I-130 for him (as a CR-2). if he gets approved for the visa, he would essentially get a 2 yr GC a little after arrival in the US...

 

One issue that could arise, is if his interview is ready before you have your GC.. and you need to go to GUZ to attend his interview... you'll want to have the proper travel papers on hand prior to leaving the US so that you can re-enter...

 

there are others who know the issues regarding children better and hopefully they will comment and correct this as needed.

[smalltoe]

It sounds like there are two issues:

1) You need to apply for AOS; your married to a USC but got married while in the US(?)

2) You want to bring your son from china to the US; your husband would file the I-130 for him (as a CR-2). if he gets approved for the visa, he would essentially get a 2 yr GC a little after arrival in the US...

 

One issue that could arise, is if his interview is ready before you have your GC.. and you need to go to GUZ to attend his interview... you'll want to have the proper travel papers on hand prior to leaving the US so that you can re-enter...

 

there are others who know the issues regarding children better and hopefully they will comment and correct this as needed.

That's right. i'm in US and my son's in China. I was planning to get my GC first(at least AP),then We can file I-130 for my son until yesterday we noticed there's a I-824 which may help my case going faster. So I'm wondering if we can take advantage of it. Seems not so easy. It does not work for my case.

[Randy W]

 

That's right. i'm in US and my son's in China. I was planning to get my GC first(at least AP),then We can file I-130 for my son until yesterday we noticed there's a I-824 which may help my case going faster. So I'm wondering if we can take advantage of it. Seems not so easy. It does not work for my case.

 

When an American files an I-130 for his spouse, he may also file an I-129F. Proce4ssing on this application is assumed to be quicker, since it would not include a green card When the I-129F is filed, processing on the I-130 is stopped - that is, it will not be sent to the consulate.

 

If the American wishes to have the I-130 continue processing at the consulate, he would file an I-824. Then the spouse would get whichever visa - K-3 or CR-1 - came first.

 

The I-824 would not be useful in your case, since you wouldn't file an I-129F. The processing of the I-130 would continue automatically - it would automatically be sent to the consulate.

[dnoblett]

I did some reading the only other use for I-824 is to get a copy of green-card approval notice sent to the consulate in cases of K-1 or K-3 visas to help facilitate "Follow to Join" K-2, and K-4 visas for child.

 

C. USCIS to notify a U.S. Consulate that your status has been adjusted to permanent resident. Check Box C. This is to request USCIS to notify a specific U.S.Consulate that your status has been adjusted to that of a lawful permanent resident so that your spouse and/or child(ren) may apply for an immigrant visa. This notification is available only on following-to-join immigrant relative visas based on a principal's employment, fianc¨¦(e) or diversity status.

http://www.uscis.gov/files/form/I-824instr.pdf

[smalltoe]

I did some reading the only other use for I-824 is to get a copy of green-card approval notice sent to the consulate in cases of K-1 or K-3 visas to help facilitate "Follow to Join" K-2, and K-4 visas for child.

 

C. USCIS to notify a U.S. Consulate that your status has been adjusted to permanent resident. Check Box C. This is to request USCIS to notify a specific U.S.Consulate that your status has been adjusted to that of a lawful permanent resident so that your spouse and/or child(ren) may apply for an immigrant visa. This notification is available only on following-to-join immigrant relative visas based on a principal's employment, fianc¨¦(e) or diversity status.

http://www.uscis.gov/files/form/I-824instr.pdf

Thank u all. yeah, it's for other cases.