Question about Consular Processing after I-130 is approved?

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Noki22

Registered Users (C)
Hi guys,

I have a somewhat confusing case regarding my application and I would greatly appreciate some help.

Last year, I was studying in the US under an F-1 visa. My father who is a US Citizen filed the I-130 in October. In the meantime, due to personal reasons I had to come back to my home country, where I am living now.

Last week, he got the I-130 approval. Now, what's the next step?

Does he have to file an I-824 and ask for the approval notice to be sent to the consulate in my country? And after that's done, do I just wait for the Consulate to contact me when a visa is available?

Please let me know.
 
Yes, I was 20 at the time he filed.

I'm not sure whether he specified the consulate at the time of filing. Most likely not, as I was planning to adjust status while in the US. But then I had to leave the country unexpectedly?
 
Find out what he put on Question 22 of the I-130. If he already specified a consulate for Q22, the I-824 will be unnecessary. They will forward the case to the consulate that was already requested on the I-130 (or to another nearby consulate, if the specified consulate won't take you for whatever reason).

Are you still under 21? Was he a US citizen when he filed the I-130? If not, did he become a US citizen before you turned 21? Your answers to these questions will affect your course of action.
 
Thanks for your answers, Jackolantern.

I turned 21 last month. My father was a US citizen when he filed. Does me turning 21 affect the process in any other way other than having to wait for a visa to become available as opposed to getting one immediately? And while on that, does the Child Status Protection Act mean that my age 'freezes' at the time of application?

Also, if he did not specify a consulate in Q22, then, should he just file I-824 and then wait for a response from the Consulate? Or are there others steps that need to be taken?

Thanks again for your help.
 
Since he filed the I-130 when he was already a citizen, and you were under 21 at the time, the CSPA freezes your eligibility as an Immediate Relative. You don't need to wait for a visa number to become available; you only need to wait for the formalities involved with USCIS -> NVC -> consulate.

In your case the I-130 and I-485 could have been filed together. Why wasn't that done? Is it because you anticipated leaving the US for an extended time?

If he already specified a consulate on the I-130, you just need to sit and wait another 2-3 months and the consulate will contact you. Otherwise, he'll need to file I-824.
 
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