I'm a USC. My husband is applying for AOE. We got I-130 approved and now he has everything ready to file for AOS, but there is something it's not very clear for us. He has a daughter overseas who's applying along with him for AOS. He included her in his I-485 but we're not sure how to file I-824 for his daughter overseas. Do we include it along with the I-485 package and send it all locally? Or does it have to be sent at a later time to a different location? The I-824 doesn't seem to have much sense to us given the repetition of information. How exactly do the USCIS know how to link that form with the rest of his files if there is no questions about his daughter in that form? Any help on this matter would be greatly appreciated. Thanks.
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Help filing I-824
- Thread starter ceo333
- Start date
ceo333 said:I'm a USC. My husband is applying for AOE. We got I-130 approved and now he has everything ready to file for AOS, but there is something it's not very clear for us. He has a daughter overseas who's applying along with him for AOS. He included her in his I-485 but we're not sure how to file I-824 for his daughter overseas. Do we include it along with the I-485 package and send it all locally? Or does it have to be sent at a later time to a different location? The I-824 doesn't seem to have much sense to us given the repetition of information. How exactly do the USCIS know how to link that form with the rest of his files if there is no questions about his daughter in that form? Any help on this matter would be greatly appreciated. Thanks.
My understanding is that you need two separate applications. AOS for your husband (I assume he is already here)... Consular processing for his daughter (she cant use I-485 as she is not present in the US and is not adjusting status).
Help with I-824
Still confused. So if his daughter is overseas and she has an approved visa petition, we don't need to fill out any more forms for her? Instructions in the I-485 form state: "If the spouse or child is residing abroad, the person adjusting status in the United States should file the Form I-824, Application for Action on an Approved Application or Petition, concurrently with the principal's adjustment of status application to allow the derivatives to immigrate to the United States without delay if the principal's adjustment of status application is approved."
Based on those instructions my husband has to file I-824. His daughter is 12. Any other comments will be greatly appreciated? Thanks
ari4u said:My understanding is that you need two separate applications. AOS for your husband (I assume he is already here)... Consular processing for his daughter (she cant use I-485 as she is not present in the US and is not adjusting status).
Still confused. So if his daughter is overseas and she has an approved visa petition, we don't need to fill out any more forms for her? Instructions in the I-485 form state: "If the spouse or child is residing abroad, the person adjusting status in the United States should file the Form I-824, Application for Action on an Approved Application or Petition, concurrently with the principal's adjustment of status application to allow the derivatives to immigrate to the United States without delay if the principal's adjustment of status application is approved."
Based on those instructions my husband has to file I-824. His daughter is 12. Any other comments will be greatly appreciated? Thanks
ceo333 said:Still confused. So if his daughter is overseas and she has an approved visa petition, we don't need to fill out any more forms for her? Instructions in the I-485 form state: "If the spouse or child is residing abroad, the person adjusting status in the United States should file the Form I-824, Application for Action on an Approved Application or Petition, concurrently with the principal's adjustment of status application to allow the derivatives to immigrate to the United States without delay if the principal's adjustment of status application is approved."
Based on those instructions my husband has to file I-824. His daughter is 12. Any other comments will be greatly appreciated? Thanks
Yes he needs to file I-485 for himself and I-824 for his daughter. When i wrote consular processing in my previous post, it meant form I-824 and the rest of forms. I should have explained clearly.