Go consular process while I485 pending

[dfkj45]

I am a Sep2001 I485 filer and from all the information I could gather, it looks like that we will not likely get approvals within next 6 months or so.

Now that my wife has her I140 approved, and I am thinking of going back to my native contry to apply for immigrant visa via consulate processing.

Anybody could tell me the pros, cons, timing etc? Do we have to abandon the I485 in order to go consulate processing? Is the immigrant visa equivelent to the green card?

 

[jessica3kan]

I am in the same boat. I have I-485 filed in june 01, with my husband as dependent. My husband's I140 apporved in 02, my attorney told me not to do the consulate processing as it takes a lot of time to have the certified I140 mailed to consulate and schedule a interview. Right now, I am so regret that I didn't insist on my attorney do so in 2002.
I would say go for it. Otherwise, your wife's I140 is wasted.

 

[dfkj45]

Thanks, Jessica. I am sort of regreting too.
Is there any negative impacts to the pending I485 process? Though it is utterly slow, I would not like to take the risk yet.

 

[nch]

I am in somewhat similar situation. My lawyer thinks that one can simultaneously pursue CP on the basis of one I140 while having 485 pending on the basis of another I 140.