Immigration Issues/I-485 and I-824


         I saw your website and found it quite informative. I have a small query and would really appreciate if you could answer.

My I-140 was approved in NIW category.  Now I am applying for Adjustment of Status (I-485).  My wife is in Pakistan. Can I file form I-824 (Action on an Approved Petition) concurrently with 485, so that immigrant visa processing of my spouse will be quicker?  I am asking because 485 instructions say that I can do it, but 824 instructions say that it should be filed only after petition has been approved.  So I have this little confusion and would appreciate if you could advise me whether it will be helpful to send 824 along with 485.  

Is there any other form that I should submit to bring my wife into US quicker?

Thanks a lot!


ANSWER: You can not send I-824 with I-485 for 2 reasons. First they do not go tot he same address and secondly, the I-824 can not be file duntil the I-485 is approved. The best you can do is to bring the I-824 to your final interview and file it with the officer that approves your case. If you get approved without interview you can file the I-824 at the smae service center that approves you.



---------- FOLLOW-UP ----------

QUESTION: Hi Robert, thank you very much for your quick response.  Instructions of I-485 say I can concurrently file I-824. Is that a mistake in instructions?

I have written my wife’s name on my AOS application, but please tell me if there is anything else needs to be done at the time of filing of my Adjustment of Status to make sure that my wife will get an immigrant visa quicker.  As I mentioned earlier, my I-140 was approved under NIW Advanced Degree Professional category.  What will be the steps to bring my wife into the US? Is there any short cut?
My priority date is of August 14, 2006 and I am from Pakistan. Any idea how long it will take for my AOS approval.  

I hope you understand my difficult situation and I really appreciate your help.  Thanks.


Nothing else to be done. File I-824 at final interview or upon receipt of approval of I-485 by mail. Once your case is approved and the I-824 is approved your file willbe sent there and she willbe given forms to obtain an immigrant visa interview. Processing times differ depending on where you live.



Immigration Issues

All Answers

Answers by Expert:

Ask Experts


Robert Hollander<B> Esq.</B>



©2016 All rights reserved.