Submit I-824 while my spouse´I-140 is running ?

#1
Hello,
My wife lives with a H1B in the US. Her employer has applied for a green card for her. Petitions I140 / 485/765/131 were submitted. I'm a Dependant in the I140 petition. Because I live in Germany,
I'm supposed to get my GC through consular processing.

We would like to change the immigration attorney, the consular processing should be supervised by another attorney than the process of my wife. My wife phoned the new attorney yesterday. He said that it would be possible to file the I-824 petition right now, but it will be processed after my wife's approved Adjustment of Status, but "my deadline is already running".

Well, I know the National Visa Center is working slowly before handing it over to the appropriate consulate. If we submit the I-824 petition now: would the whole consular processing process be accelerated or will the NVC wait until my wife's greencard process is completed, before they start processing my I-824 ?

And my question no.2: The form for Petition I824 is only 7 pages long and not difficult to fill. Has anyone completed consular processing without legal assistance?
 

newacct

Well-Known Member
#2
I believe, in any case (even if I-824 was filed with I-485), the I-824 needs to wait until USCIS approves I-485 for the principal beneficiary, before the petition can be moved from USCIS to NVC for consular processing for the derivative beneficiaries.
 
#3
Thank you for your answer. If the case is with the NVC then how long does it usually take for me to hear from the consulate? I know that I will get a biometrics appointment, a medical examination will take place and I have to appear for an interview. It's all ok. But which additional documents will I need? Marriage certificate ? Criminal record certificate ? Birth certificate?
 
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