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I824 case in VSC?

I applied I824 for my husband's follow to join in Nov. 2002 VSC. Still pending. I wrote a letter to VSC last month. No response. From website, it is decleared VSC is processing Mar. 2002 case. No progress in recent month. I got my green card in Dec. 2001. Because my husband is J-1 visa, he had to go back home country and stayed two years. It is really upsetting ! Any VSC case got approved recently?
 
mar_case - my i-824 (ND- 6/nov/02) got approved on Sep 16 at VSC. You probably very close. But i had also sent documents directly to Consulate.
 
nee help

Hi
I have a question. My GC is in process. I recently applied my AOS. Recently I got married to a girl who is on F1 visa status in US and applied Adjustment of status for her too. Prior to our marriage, she was working in her school for 20 hours a week(per F1 regulations). As she has applied for AOS recently, her student visa status is gone and her status become AOS pending. Can she continue to work 20 hours a week, as she used to work before marriage? If she works, is it treated as illegal? What is supposed to be done if she worked until she gets her EAD?

thanks for your time,
 
Propat:
Can she continue to work 20 hours a week, as she used to work before marriage?
Yes

If she works, is it treated as illegal?
No, as long as she is enrolled full time

What is supposed to be done if she worked until she gets her EAD?
She should enrolled full time!

She needs to continue to maintain her status and work on campus until her work permit is approved. After the approval of EAD she neither requires to take full load nor be in school if she so desire.
Likewise, she could work full time and go to school part time.
 
thanks aug3102

Your data is very encouraging. I applied I824 almost one year after my green card got approved (considering it only took 2 or 3 months to get 824 approved and my husband was still serving his 2 years residence then.) What a huge mistake !

I called the listed 800, the lady told me it takes 18 months for I824 VSC. I think they just give other the data by substracting the time between now and Mar. 2002. Next month, it would be 19 months.
 
My online status for I-824 changed saying that they have sent cable to the appropriate consulate/port of entry. I checked with Chennai consulate , they still havent got the cable even after three weeks. Anybody knows how long it will take to send the cable and also when will the consulate create a case# ? Thanks for your hlep.
 
I am on I-485 and plan to get married. I am currently in the US with EAD (neither H1, J1 nor O1) and cannot bring my spouse as my dependent (H4, J2, O3...).

Q1: If my fiancee comes to the US on F-1 visa and then we get married, can she apply for AOS/EAD (follow to join) after married? Should we live separately at different US addresses for a while (several months?) before getting married?

Q2: My wife may get H-1 visa and come to the US. However, her job place will be far from mine and we'll have to live separately (Boston & LA). It will be trouble with her AOS/EAD applications? I am concerned that INS will say "your marriage is unsubstantial."

Thanks for your help!
 
Re: thanks aug3102

Originally posted by mar_case
Your data is very encouraging. I applied I824 almost one year after my green card got approved (considering it only took 2 or 3 months to get 824 approved and my husband was still serving his 2 years residence then.) What a huge mistake !

I called the listed 800, the lady told me it takes 18 months for I824 VSC. I think they just give other the data by substracting the time between now and Mar. 2002. Next month, it would be 19 months.

At the same time this is frustrating too... I have filed my 824 on 4-10-02 and so far, there is no response. Unable to get the pattern of the processing. I talked to a lady at the 800- number and all she said was that she is having technical problems so I should check the status from the website :( How is it possible that they have cleared the aug case while still pending the april cases? Even the AC140 is taking time these days - I guess everyone is moving to AC140 after just filing 824.

That brings another question - how can the BCIS remove the cases which have gone for AC140? I guess they will just remain in the pile and affect the processing of the genuine cases.
 
harapatra:

As far as I know, some Nov. 2002 case was approved long time back. To those whose cases have been approved, they are just lucky. To those who are still in queue, it is our fate. There seems no pattern but luck.
 
case number question

Hi,

Has anyone on this I-824 FTJ forum, visited the home country
consulate and presented the Permanent Resident Card to
create a Case Number for the spouse?

I read in one of the FAM (Foreign Affairs Manual), unfortunately
cannot locate it anymore! that, if the permanent resident
presents his card, then a case number for the spouse is
immediately created.

If so, was the relevant paperwork (packet 3 etc...) sent to the
spouse seeking derivative status?

Thanks

- skid
 
Is that possible ? I got my I-824 approved more than a month ago. Still no progress. Consulate said they havent received anything yet. If i can personally go and present the plastic card, that wil be great. I would like to try that beofe i give up...
 
Hi skid,
Thanks for your information...I have applied for I-824 in April 2003 and waiting for the approval like everyone in this forum, but have my Permenent Resident Card. do you remember from FAM whether need to have the I-824 approval letter when present the resident card to home country consulate?...

Thanks for your time,
avisn
 
Hi avisn,

Unfortunately no. I cannot locate it. I actually stumbled over it
but I think I did not save the pdf file.
I will look for it and if and when I do find it, I will post the information here.

FYI: The FAM documents are available at:
http://foia.state.gov/regs/search.asp

I think the permanent resident card or atleast the GC stamp
in the passport does holds significance. That is why I am very
curious to know if anybody in this forum has tried it. I will
be personally very satisfied if my spouse process can atleast
start till the I-824 gets approved! I hear it takes a min of 6 months to a year after I-824 approval for spouse to get an
immigrant visa!!!

Significance of the Card/Stamp:

Example: In FAM 0942042PN[.pdf] follow section 9 FAM 42.42 PN3
"Determining Derivative Status when Principal Adjusts"

and specifically note the following sub-section:

PN3.2 Permanent Resident Card:

(TL:VISA-185; 02-26-1999)
Apart from a complete file at post, the principal alien's Form I-551,
Permanent Resident Card, is probably the best evidence of lawful
permanent resident status. The Form I-551 indicates the visa
category and date of entry into the United States. Posts are
advised, however, that a resident alien does not receive a Form I
551 immediately. The demand on the INS card facilities to
produce an increasing variety and number of cards has
significantly increased the waiting period for the Permanent
Resident Cards. The wait for a card can be up to a year, and, in
some cases, even longer. Posts are, therefore, cautioned not to
require the Form I-551 as a prerequisite for all following-to-join
cases.

Hope this helps everyone!

regards,

- skid
 
Got it the FAM document!

OK friends, after a lot of searching, I finally located the
document.

FAM 0942053PN : 9 FAM 42.53 available @http://foia.state.gov/regs/fams.asp

look for "42.53 Procedural Notes"

Refer section
PN1.2 When Post record does not exist
--------------------------------------------------
a. If no post record exists, posts should make every effort to
verify the principal alien's visa category, chargeability, priority
date, and admission into the United States based on available
documentation such as:
(1) The principal alien's Form I-551, Permanent Resident Card;
(2) Form I-181, Memorandum of Creation of Record of Lawful
Permanent Residence or Form I-824 Application for Action on an
Approved Application or Petition;
(3) Cabled notification from INS; or
(4) The principal alien's Adit stamp showing entry as an immigrant.
b. The principal alien has the primary responsibility for establishing
his and/or her legal resident status. Posts should only request
verification of status through the VISAS BADGER process as a last
resort.

and

PN1.3 When Principal Adjusts Status
----------------------------------------------

"In cases where the principal alien who adjusted status in
the United States presents Form I-551, Alien Registration
Receipt Card, with the visa application of a relative entitled to
derivative classification and priority date [see 9 FAM 42.53 N6],
the consular officer should create a case record for the derivative
applicants. At a minimum, this record should include:
(1) Name, date and place of birth of the visa applicant;
(2) Name of the permanent resident and relationship to the applicant;
(3) Date of presentation of Form I-551; and
(4) Resident alien’s registration number, date of admission for
permanent residence, and visa classification.

p.s: I have sent the above to my attorney for clarification.

- skid
 
Hi - My wife's I-824 was approved more than 7 weeks ago (after almost an year) and the approval letter indicated that the consulate has been notified. But consulate hasnt received anything yet. What can i do next ? anybody in similar sitauation ?
 
Re: Follow to join

HI i am also in the same situvation ..Could you pls provide me ur Email id for further more discussion
Thanks
MY email id is babukishore@hotmail.com


Originally posted by user999
My I-485 has been approved and got mine and my wife passport in local INS office. I have a kid and studying in India. At the time of filing my I-485, I have mentioned my son name but not applied for them. Now, I am planning to bring him over here.
Because this is employment based Follow to Join, My company attorney says, all I need to do is just file I-134 at the consulate in India and carry all the latest pay stubs, tax returns, marriage certificate, my son\'s birth certificate, etc.

Is this all I have to do, please advice.
 
Request for an advise

I don’t know the NVC number, but if it is National Customer Service Center then here it is.
National Customer Service Center (800) 375-5283


I applied for I-824 for my spouse in August 2003 on my own. ND August 13th 2003. I contacted Chennai consulate for FTJ visa badger process. They replied back with required documents. So I sent them all required documents on September 24th, 2003. As per FedEx receipt it was delivered on September 29th 2003. And I requested the Chennai consulate for a receipt of my application through email. I also included FedEx electronic delivery receipt in my email for their convenience. I haven’t heard any thing form them. It has been more than one month.

I believe some of this thread mates on the same lines. If you have any idea to get a receipt from Chennai then would you please advise me?
:) :) :) :D
 
Badger process - Please help

Hi GCFEELING,
i have applied I-824 for my wife ND April 6th 2003 thru a laywer with Vermont Service Center(VSC) and waiting for the approval.

After seen your posting and also others I realized that I could directly contact Chennai consulate before I-824 approval.

could you please let us know how did you contact( by phone or email or postal) the chennai consulate?

what information have you sent/requested to chennai consulate?. If you contacted thru eMail, if possible, can you please share the format of your mail that you initially sent to chennai consulate for badger process?.

should I need to include the scanned copy of my I-824 receipt notice as a proof?.

my email id nsivaa@yahoo.com
Thank you in advance for your information
 
Re: Request for an advise

Originally posted by GCFEELING
I don’t know the NVC number, but if it is National Customer Service Center then here it is.
National Customer Service Center (800) 375-5283


I applied for I-824 for my spouse in August 2003 on my own. ND August 13th 2003. I contacted Chennai consulate for FTJ visa badger process. They replied back with required documents. So I sent them all required documents on September 24th, 2003. As per FedEx receipt it was delivered on September 29th 2003. And I requested the Chennai consulate for a receipt of my application through email. I also included FedEx electronic delivery receipt in my email for their convenience. I haven’t heard any thing form them. It has been more than one month.

I believe some of this thread mates on the same lines. If you have any idea to get a receipt from Chennai then would you please advise me?
:) :) :) :D

I think sometimes it takes as much as 4-6 weeks.
 
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