I824

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UMAISHA

Registered Users (C)
My husband filled an I130 while i was on a Visa waiver in the US. It has been approved couple weeks after I returned to Britain. I Have been asked to file I824 to request the I130 be tranfered to NVC. Should i do it through the US consulate in London?
Any info will be helpful.
thank you
 
At this stage they won't let you back into the US with the visa waiver, so staying in the US for adjustment of status is not feasible for you, so you'll have to complete the process at a consulate somewhere.

Unless you have citizenship or residence outside the UK, that would be a US consulate in the UK (not necessarily London -- you can arrange another one in the UK if it's more convenient).
 
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Note that the I-824 is unnecessary if the consulate in London was already selected on the I-130 and you want to pursue the process with the London consulate.
 
What do you mean if london consulate was selected? I don t know if they did, I was in US when my I130 was filled and it was approved couple weeks after i left US.
I still want to apply for my green card, should send I485, I765 and affidavit to the support at once .
thank you
 
Question 22 of the I-130 form asks you to request a consulate or say whether you want to pursue adjustment of status. You or your spouse would have answered that question when filling out the I-130. If you indicated the London consulate for that question, they will automatically transfer the case to the London consulate. You need to look at a copy of the I-130 your husband filed, if you don't remember what he or you wrote for that question.

You need to be in the US when the I-485 is filed; you are outside the US, so you cannot file it now. And they will most likely refuse you entry to the US if they realize you have an approved I-130 and are married to a US citizen. And even if they let you in, there is a pending court case that could result in a ban of filing I-485 after entering with the visa waiver.

So all factors considered, getting back into the US to pursue the I-485 route is not a very viable option for you. You need to complete the GC process via the consulate, which involves different forms such as the DS-230, not the I-485 or I-765. In order to get the case transferred to the consulate, the I-824 needs to be filed, unless the consulate was already requested on the I-130.
 
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