AOS to Consular Processing

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LaborAches

Registered Users (C)
Hi, I'm a US Citizen and have applied for GC (AOS) to my Mother after 90 days past of her arrival but she had to leave the country because of our father illness (who had been admitted to a hospital, in India). We want to convert her GC application from AOS to Consular processing in India.

1. Can we convert her GC from AOS to Consular Processing in India
2. If we can, how to proceeded/convert her application

Please advice.

Thanks
 
LaborAches said:
Hi, I'm a US Citizen and have applied for GC (AOS) to my Mother after 90 days past of her arrival but she had to leave the country because of our father illness (who had been admitted to a hospital, in India). We want to convert her GC application from AOS to Consular processing in India.

1. Can we convert her GC from AOS to Consular Processing in India
2. If we can, how to proceeded/convert her application

Please advice.

Thanks
Click to expand...

You can redirect the approved I-130 immigrant visa petition for consular processing in India by filing form I-824 with USCIS. Once I-130 for your mom is approved, USCIS will send it to National Visa Center which will process it and forward it to a consulate in India. In part 2 of the form I-824, choose option "D".
 
nkm-oct23 said:
You can redirect the approved I-130 immigrant visa petition for consular processing in India by filing form I-824 with USCIS. Once I-130 for your mom is approved, USCIS will send it to National Visa Center which will process it and forward it to a consulate in India. In part 2 of the form I-824, choose option "D".
Click to expand...

Thank you for posting a reply.

My mom's I-130 is not approved yet and I didn't get a chance to apply for her AP. Here are the dates for her I-130 and I-485 filings.

I-130:
I-130 was mailed on Jan'13,2012
The recevied date for I-130 is Jan'17,2012
The notice date for I-130 is Jan'18,2012

I-485:
I-485 was mailed on Feb'11,2012
The received date for I-485 is Feb'14,2012
The notice date for I-485 is Feb'17,2012

1. Do I have to wait for her I-130 to be approved or can I apply for her I-824 right away (without her I-130 approval)
2. Where does her (interview) Consular Processing will be held in India? Our neartest Consulate in India is Hyderabad

Just as a note, there is a RFE on her I-130 to which I plan to reply very soon

Thanks
 
LaborAches said:
Thank you for posting a reply.

My mom's I-130 is not approved yet and I didn't get a chance to apply for her AP. Here are the dates for her I-130 and I-485 filings.

I-130:
I-130 was mailed on Jan'13,2012
The recevied date for I-130 is Jan'17,2012
The notice date for I-130 is Jan'18,2012

I-485:
I-485 was mailed on Feb'11,2012
The received date for I-485 is Feb'14,2012
The notice date for I-485 is Feb'17,2012

1. Do I have to wait for her I-130 to be approved or can I apply for her I-824 right away (without her I-130 approval)
2. Where does her (interview) Consular Processing will be held in India? Our neartest Consulate in India is Hyderabad

Just as a note, there is a RFE on her I-130 to which I plan to reply very soon

Thanks
Click to expand...

I think you must send the I 824 along when you respond to the RFE for I 130, For CP in India, The only place approved for Immegrant Visa nterview is Delhi,and Mumbai. Befor Chennai was also there till Dec 2011, But no more. Hyd never had immegrant Visa processing facility, the do only Non Immegrant Visa.
 
bigbull99 said:
I think you must send the I 824 along when you respond to the RFE for I 130, For CP in India, The only place approved for Immegrant Visa nterview is Delhi,and Mumbai. Befor Chennai was also there till Dec 2011, But no more. Hyd never had immegrant Visa processing facility, the do only Non Immegrant Visa.
Click to expand...

Thank You !
 
As a followup to my mother's case above, I received I485 finger print notice. Prior to this I received RFEs for I130 and I485. I am trying to figure out what to do with the fingerprint notice. Here is my plan, let me know if there is a better option

1) I will respond to I130 RFE with requested information and a copy of I824 (to change from AOS to CP)
2) I will respond to I485 RFE with requested information and a copy of I824(to change from AOS to CP)
3) How to respond to I485 fingerprint notice (reschedule fingerprint or send I824 or any other option??)

Another question on I824
I was reading I824 instructions and it mentions that I130 has to be approved to use I824. nkm and bigbull both mentioned I can use I824 even though my mother's I130 is not approved. Can someone confirm if I824 can be used in my mother's case.

Thanks for all your help.
 
LaborAches said:
As a followup to my mother's case above, I received I485 finger print notice. Prior to this I received RFEs for I130 and I485. I am trying to figure out what to do with the fingerprint notice. Here is my plan, let me know if there is a better option

1) I will respond to I130 RFE with requested information and a copy of I824 (to change from AOS to CP)
2) I will respond to I485 RFE with requested information and a copy of I824(to change from AOS to CP)
3) How to respond to I485 fingerprint notice (reschedule fingerprint or send I824 or any other option??)

Another question on I824
I was reading I824 instructions and it mentions that I130 has to be approved to use I824. nkm and bigbull both mentioned I can use I824 even though my mother's I130 is not approved. Can someone confirm if I824 can be used in my mother's case.

Thanks for all your help.
Click to expand...

Sorry, looks like I-824 can only be filed if the underlying petition is approved.

Has your mother already left US? If so, her I-485 will be considered abandoned unless she has applied for advance parole.

What exactly do the RFEs ask for?

At this time you should respond to RFE for I-130 and hope that it gets approved. I-485 RFE and fingerprinting are a non issue now. After an approval notice for I-130 is received, file I-824 to direct the approved petition to NVC and thereafter to a US consulate in India.
 
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nkm-oct23 said:
Sorry, looks like I-824 can only be filed if the underlying petition is approved.

Has your mother already left US? If so, her I-485 will be considered abandoned unless she has applied for advance parole.

What exactly do the RFEs ask for?

At this time you should respond to RFE for I-130 and hope that it gets approved. I-485 RFE and fingerprinting are a non issue now. After an approval notice for I-130 is received, file I-824 to direct the approved petition to NVC and thereafter to a US consulate in India.
Click to expand...

Hi,

The I130 has been approved and our case stands at below juncture now (My mother already left to India)

1. I130 has been approved after we replied for a query on it (the query was related to birth certificate)
2. There is a query on I485 (related to non-availablity of birth certificate)
3. We rescheulded for biometrics once and we have a second biometrics appointment date

I plan to do the following. Please let me know if you all agree

1. Reply to I485 RFE
2. Reschedule the biometircs appointment again (the biometircs appointment date is: 04/25/2012)
3. Send I824 form for consular processing in India

Thank you all for your help
 
There is no use in rescheduling the biometrics appointment; her I-485 is no longer viable, because of leaving the US without Advance Parole or an H or L visa, and she probably won't be able to reenter the US with a tourist visa.

Forget about replying to the I-485 and the biometrics for it, just send the I-824 and they will automatically cancel the I-485. Sometime after the I-824 is processed they'll ask her to give biometrics in India.
 
I-824 question

Jackolantern said:
There is no use in rescheduling the biometrics appointment; her I-485 is no longer viable, because of leaving the US without Advance Parole or an H or L visa, and she probably won't be able to reenter the US with a tourist visa.

Forget about replying to the I-485 and the biometrics for it, just send the I-824 and they will automatically cancel the I-485. Sometime after the I-824 is processed they'll ask her to give biometrics in India.
Click to expand...

Thank you for your reply. In part3 (Additional Information) on form I-824, question1 is asking for type of petition or application, receipt number, filing date of petition or application and approval date. Is that question in reference to 130 or 485? Also, in part2 (reason for request)there are four options, which option should I check?
 
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