I130 or I824?

rpranesh

Registered Users (C)
I & my wife applied for I485 concurrently and i got my approval and card recently. Hers is pending FP. She has currently gone out of the country for vacation and planning to return back on valid AP. But her AP expiration date is a month away from her return date.
If for reasons force majeure, she cannot return before AP expiration date (she has a second AP valid till Mar 06, but was approved after she departed), can we file for I824 to process her Immigrant visa or do we need to start a fresh I130.

We are married for more than 2 years (and at the time of filing 485).
 
rpranesh said:
can we file for I824 to process her Immigrant visa or do we need to start a fresh I130.

File the I-824. Do not file the I-130, since your wife does not need a petition of her own, she is a derivative beneficiary of yours.
 
My service center is TSC and my wife is in India. Currently I824 takes around 6 months to get approved in TSC. Does this mean after this my wife can immediately apply for a Immigrant Visa from US Consulate in India? Or is there is a waiting time? My PD is 10/2001 and in EB2, so i guess Immigrant Visa number should be available for her.
 
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