Form I-824 guide: Application for Action on an Approved Application or Petition
Form I-824's official title is Application for Action on an Approved Application or Petition. It is filed mainly with U.S. Citizenship and Immigration Services (USCIS); in a small number of cases involving matters approved by U.S. Customs and Border Protection (CBP), it is filed with CBP. Its purpose is to ask the government to take one further step on an application or petition that has already been approved, such as notifying the State Department and a U.S. embassy or consulate of the approval, issuing a duplicate approval notice, or allowing the spouse and children of someone who obtained a green card inside the United States to apply for immigrant visas abroad as "following to join" derivatives.
The I-824 itself creates no new immigration benefit; it does not adjust status or issue a green card or work permit. It fits into the process "after the underlying application has been approved, when the next step cannot happen automatically." If the original application is still pending or was denied, the I-824 cannot be used.
At a glance
| Item | Details |
|---|---|
| Official title | Form I-824, Application for Action on an Approved Application or Petition |
| Agency | USCIS (matters approved by CBP are filed with CBP) |
| Who files | The petitioner or applicant on the original application or petition; in following-to-join cases, the principal who obtained a green card by adjusting status inside the United States |
| When to file | After the original application has been approved; in following-to-join cases, it may also be filed together with the principal's I-485 where the form instructions allow |
| Online filing | Check the current instructions on the official USCIS form page (filing methods and addresses have changed in recent years) |
| Key required information | The original application's receipt number (the number on the I-797); without it, the form will be rejected |
| Commonly used with | G-28, G-1145; following-to-join cases often relate to I-485 |
| Official page | uscis.gov/i-824 |
The three main uses of the I-824
1. Asking USCIS to send an approval to the State Department's NVC or notify a consulate
The most common situation: the beneficiary originally planned to adjust status inside the United States, so after the I-130 or I-140 was approved the case stayed with USCIS and was not sent to the State Department's National Visa Center (NVC); later the beneficiary decided to apply for an immigrant visa through a consulate abroad instead (for example, because he or she has left the United States or cannot adjust inside the country). In that case, the I-824 can be used to ask USCIS to send the approved petition to the NVC so that consular processing can begin.
Similarly, the I-824 may be used when a consulate has already been notified but the case needs to be handled by a consulate in a different country instead. When filing, state the embassy, consulate or port of entry you want notified.
2. Duplicate approval notice
If an I-797 approval notice was lost, stolen or damaged and you need an official copy, you can file an I-824 to request a duplicate. But note:
- If you only want to confirm that the case was approved, or need the receipt number, you can usually resolve that first through the online case status tool or by contacting the USCIS Contact Center, without necessarily requesting a formal duplicate;
- If information on the approval notice is wrong and the error was caused by USCIS, it should be handled through USCIS's correction procedure, not by requesting a duplicate on the I-824;
- A lost green card calls for I-90, a lost naturalization certificate for N-565, and a lost I-94 for I-102; none of these is the I-824.
3. Following to join: immigrant visas for a spouse and children abroad
In preference categories (such as F2B, F3, F4, EB-1, EB-2, EB-3 and EB-5), the principal's spouse and unmarried children under 21 can be derivative beneficiaries and do not need separate I-130s. If the principal obtained a green card by adjusting status inside the United States through an I-485 while the spouse or children are outside the United States, they cannot adjust along with the principal; instead, the principal files an I-824 asking USCIS to notify the State Department so that the family members can apply for immigrant visas at a consulate abroad as "following to join" derivatives.
Key requirements for this use:
- The principal obtained the green card by adjusting status inside the United States. If the principal entered on an immigrant visa obtained through a consulate abroad, the family members usually handle following to join directly through the State Department and the consulate, without an I-824.
- The family relationship must have existed when the principal obtained the green card. A spouse the principal married, or a child born, after the principal obtained the green card generally cannot follow to join; the principal must file a separate I-130 (F2A category).
- Children must still meet the definition of "child" when the visa is issued, meaning unmarried and under 21; age issues may be covered by the Child Status Protection Act (CSPA); see the CSPA age calculator.
- The spouse must still be married to the principal.
- The U.S. citizen immediate relative categories (such as spouses and parents of U.S. citizens) have no derivative beneficiaries, so following to join does not apply; each family member must be petitioned for separately.
The principal can file the I-824 together with his or her own I-485, or after the I-485 is approved. Filing early lets the State Department be notified as soon as the principal is approved, but it must be prepared according to the form instructions.
When the I-824 cannot be used
- The original application or petition is still pending, or was denied, withdrawn, revoked or terminated;
- Checking the progress of a pending case (use the online tool; see How to check your USCIS case status);
- Correcting errors on an approval notice;
- Refugees or asylees petitioning for a spouse and children to follow should use I-730;
- T visa and U visa holders petitioning for derivative status for family members should use Supplement A to the I-914 / I-918 (see I-914 and I-918);
- Family relationships that arose only after the principal obtained the green card (a separate I-130 should be filed).
Tips for completing the form
- Request type: the form offers several types of requests; check only the one that matches your purpose.
- Original application information: enter the original application's form type, receipt number, approval date, and petitioner and beneficiary information. The receipt number is required.
- Following to join: list each spouse and child to be notified, with name, date of birth, place of birth, relationship to the principal, and the country of the embassy or consulate where the visa will be processed.
- Notifying a consulate or sending to the NVC: state the name and location of the embassy, consulate or port of entry.
- Signature: unsigned forms are rejected. Use the current edition stated on the official USCIS page.
Documents to prepare
- A copy of the original approval notice (I-797); if you do not have it, at least provide the receipt number;
- Following to join: a copy of the principal's green card or I-485 approval notice; marriage certificate; children's birth certificates; evidence that the relationships existed before the principal obtained the green card;
- Notifying a consulate or sending to the NVC: an explanation of the action needed and to whom;
- If represented by an attorney, Form G-28.
Foreign-language documents such as Chinese notarial certificates of marriage or birth must include a complete English translation and a translator's certification; see Translation requirements for immigration documents.
How to file and fees
The I-824 requires a filing fee; check current USCIS rules: USCIS Fee Schedule G-1055; see also How to check fees and processing times. When filed by itself, send it to the appropriate USCIS Lockbox as instructed on the official page; when filed together with another form, follow that other form's filing instructions. For matters approved by CBP, file with the CBP office designated in the instructions on CBP's I-824 web page. Premium processing is not available for the I-824.
What happens after filing
- Receipt notice (I-797C); you can check the status online.
- Possible request for evidence: if the evidence of the family relationship is insufficient, USCIS may issue a request for evidence (see How to respond to an RFE).
- Approval: USCIS issues an approval notice and forwards the relevant information to the State Department.
- State Department stage: in following-to-join cases or cases sent to the NVC, the NVC then contacts the beneficiaries, who go through the immigrant visa process: filing the DS-260, paying fees, preparing documents, the medical exam and the interview.
Both the I-824 itself and the later State Department stage take time; factor both in when planning family reunification. For processing times, see USCIS processing times.
Common problems and reasons for denial
- Filing an I-824 when the original application has not been approved or was denied;
- Missing receipt number or signature, leading to rejection;
- The following-to-join relationship arose after the principal obtained the green card;
- A child married or aged out before the visa was issued (and the CSPA does not help);
- The principal is in a U.S. citizen immediate relative category, which has no derivative beneficiaries.
After an I-824 denial, depending on the circumstances you can file a motion using I-290B, or fix the problem and refile. If the relationship does not qualify for following to join, the principal should usually file an I-130 instead.
How it differs from similar forms
| Form | Purpose | Difference from the I-824 |
|---|---|---|
| I-824 | Action on an approved application | — |
| I-130 | A new immigrant petition for a relative | Establishes a new relative petition; relationships that arose after the principal obtained the green card require an I-130 |
| I-730 | Refugees or asylees petitioning for a spouse and children to follow | Applies to refugee and asylee status, not ordinary immigrant categories |
| G-639 / FOIA | Requesting government records | Only obtains copies of records; does not notify a consulate or start any process |
| I-90 | Replacing or renewing a green card | Replaces the green card, not an approval notice |
Frequently asked questions
I got my green card in the United States through H-1B to EB-2, and my wife and children are in China. What should I do?
If your wife and children were already your spouse and children before you obtained your green card, you can file an I-824 for following to join so that they can apply for immigrant visas at the U.S. embassy or consulate in China. It is best to plan this when you file your I-485; if your I-485 has not yet been approved, you can file the I-824 together with it as the form instructions allow.
I entered on an immigrant visa obtained through a consulate abroad. Do my family members need an I-824?
Generally no. When the principal went through a consulate, derivative family members can usually handle following to join directly through the State Department and the consulate. Follow the instructions of the State Department and the consulate.
I married after getting my green card. Can my spouse follow to join?
Generally no. Following to join requires the relationship to have existed when the principal obtained the green card. If you married later, you must file an I-130 (F2A category) for your spouse.
My I-130 was approved but never sent to the NVC. Can I just file an I-824?
First find out why: if you originally chose adjustment of status inside the United States, the case stays with USCIS, and if you now want consular processing, the I-824 may be appropriate. If you originally chose consular processing and the transfer is just slow, it may be better to check with the NVC or USCIS first.
Can the I-824 be expedited?
The I-824 is not eligible for premium processing. In special situations that meet USCIS's expedite criteria, you can make a separate expedite request, which USCIS decides at its discretion.
Official sources
- USCIS: Form I-824 official page and instructions
- U.S. Department of State: Immigrant visas
- USCIS Fee Schedule G-1055
- USCIS processing times
Related reading
- Form I-485 guide: adjustment of status
- Form DS-260 guide: immigrant visa application
- Adjustment of status guide
- Family-based immigration: who can petition for whom?
Principal adjusting status in the United States with family members abroad, and want to confirm whether they can follow to join and when to file the I-824? You can book an attorney evaluation.
This article is general information and is not legal advice. Laws and policies may change; rely on the latest official information and on an attorney's advice for your specific situation.