when to file i-824 with pending AOS?

D

Dweller

Registered Users (C)
Guys,
I already searched this forum looking for the answer.
Suppose I need to bring dependants when my EBGC AOS is still pending. Should I file I-824 for them after or long before the approval of my I-485 ?
(H4 or B1/B2 or F1 whatever) + second AOS is not an option.
Thanks!
 
Dweller said:
Guys,
I already searched this forum looking for the answer.
Suppose I need to bring dependants when my EBGC AOS is still pending. Should I file I-824 for them after or long before the approval of my I-485 ?
(H4 or B1/B2 or F1 whatever) + second AOS is not an option.
Thanks!
Click to expand...

You need file I824 alongwith your dependents I485 application - and that has to be BEFORE your I485 approval. That is my understanding.
 
pralay said:
You need file I824 alongwith your dependents I485 application - and that has to be BEFORE your I485 approval. That is my understanding.
Click to expand...

Absolutely incorrect. He's filing the I-824 since his dependents are outside the US, and cannot enter the US to have an I-485 filed for them.

You cannot file the I-824 until your I-485 is approved.
 
TheRealCanadian said:
You cannot file the I-824 until your I-485 is approved.
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That was my understanding, too. I just wanted to know if anyone has the experience when such I-824 form was rejected due to I-485 not being approved yet. The form takes long time to process and maybe it could reach adjudication at the same time with I-485's approval? Or a little later?
I am wondering what kind of initial evidence do they require?
Any thoughts?
 
Dweller said:
That was my understanding, too. I just wanted to know if anyone has the experience when such I-824 form was rejected due to I-485 not being approved yet. The form takes long time to process and maybe it could reach adjudication at the same time with I-485's approval? Or a little later? I am wondering what kind of initial evidence do they require?
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The only thing that I can think of is that you send the I-824 with a cover letter requesting them not to ajudicate it right away, but to link it with the I-485 petition you have there, and ajudicate the 824 with the 485.

No guarantees if it'll be approved, but it's worth a try.
 
Cant he do some thing similar to AC-140? i.e. by sending attorney certfied copies to CIS once I-485 is approved. In that way he can avoide waiting I-824 approval
 
tammy2 said:
Cant he do some thing similar to AC-140? i.e. by sending attorney certfied copies to CIS once I-485 is approved. In that way he can avoide waiting I-824 approval
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If it's the same as AC-140, he'd be sending attorney-certified copies of the I-485 approval notice direct to the consulate. The whole point of AC-140 is to bypass USCIS and deal direct with the consulate or NVC.

It's worth a try, too. I'd suggest he try filing the I-824 first; it's better to have USCIS cable the consulates than trying the AC route. Either option has an equally likely (or unlikely) chance of success, but if it can shave off several months it's worth trying.
 
AC-140 is not my case for the consulate in Moscow :-(
What I wonder is which form's approval should I put into I-824 ? Is it 140's or 485's ?
I know that if 140 is originally made for CP then it goes directly to the consulate without any 485's, of course. If you want to change your 485 to CP then I-824 will do with no AOS whatsoever. But what about dependant's CP ? Do they require 485's approval or will 140's suffice?
Processing times for I-824 is a strange thing, too. I wonder if it is the same for all kinds of papers or maybe some of them go faster? It is a killing ~1.5 years for Texas right now.
 
Dweller said:
What I wonder is which form's approval should I put into I-824 ? Is it 140's or 485's ?
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NVC and the consulates cannot act on the dependents until the primary applicant has obtained permanent residence. I'm 95% sure that things will wait until the I-485 is ajudicated.
 
Dweller said:
That was my understanding, too. I just wanted to know if anyone has the experience when such I-824 form was rejected due to I-485 not being approved yet. The form takes long time to process and maybe it could reach adjudication at the same time with I-485's approval? Or a little later?
I am wondering what kind of initial evidence do they require?
Any thoughts?
Click to expand...

Hi

My son's I 824 was separated from my husbands I 485 (TSC)

so texas errored in working the I 824 before the I 485 was approved so was denied. The denial letter said "send new I 824 once I 485 was approved


Two lots of fees, two lots of wait times

Regards Sue
 
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