Immigration questions and answers

my petition for i-824 is denied!

my case: my wife is a nurse, got an immigrant visa thru consular processing(i-140). we got married 3 days before she entered the US. she did not do i485 to adjust status, she did consular processing thats shy she become an LRP when she entered the US. we filed 824 but it was denied because of 485, USCIS is telling us that we need to do 485 for the 824. 485 is the adjustment of status to LRP, my wife did not go thru it she did i140 consular processing, then when she arrive the US its the time she become an LRP, the shortest way to become an LRP.

my question: am i eligible for Follow to Join? is the time my wife entered the US is the time she become an LRP? is Immigrant visa equal to legal permanent resident?

here's the decision of i824 from USCIS:

dear sir/madam,

on august 10, 06, you filed an application for action on an approved application or petition, form 824.

the action you have requested on your application is intended for consular notification of an alien's adjustment of status to that of a permanent resident. this adjsutment of status occurs while the alien is in the US and is accomplished by the filing of an application for adjustment of status for permanent resident(i-485).

evidence submitted with your application indicates that you were admitted into the US as a LRP. there is no provision on form 824 for requesting consular notification of a LRP's admission into the US.

further, the form 824 is a request for action on an application or petition that has already been approved. there was no application or petition filed with the USCIS office to effect your entry into the US. therefore, there is no approved application or petition on which to base your request for additional action.

for the above reasons, your application is hereby denied.

sincerely,

sandra bushey.

my inputs on the decision: 1.) the action you have requested on your application is intended for consular notification of an alien's adjustment of status to that of a permanent resident. this adjsutment of status occurs while the alien is in the US and is accomplished by the filing of an application for adjustment of status for permanent resident(i-485)

my wife don't need the i485 coz she had a consular processing, she has an approved i-140. does this mean i-485 processing is needed to processes i824?

2.) evidence submitted with your application indicates that you were admitted into the US as a LRP. there is no provision on form 824 for requesting consular notification of a LRP's admission into the US.

the time she entered the US is the time she become an LRP, which adjust her status from having an IV to having an LRP. is this correct? please clarify..

3.) further, the form 824 is a request for action on an application or petition that has already been approved. there was no application or petition filed with the USCIS office to effect your entry into the US. therefore, there is no approved application or petition on which to base your request for additional action.

same, no i-485 needed... just the i140 approval...

Any inputs on the decision? hope anyone can clarify this...

Can i appeal? there's no information regarding appeals.

if there is no other solution to my problem, does my wife need to file i-130 ASAP? it will take more or less 4 years for that... ggrrrrrrrr.....

judex