Can I file I-130 when I-824 is pending

[Mr.Whiz 0]

I am a LPR, I petitioned form I-824 for my spouse since Feb. 2024. The case is currently outside normal processing time, I have raised multiple service requests and contacted my congresswoman to no avail. 
 

I am considering filing for I-130. Please, I need your advice and way out. 

[OldUser 6,978]

What was I-824 filed for?

[Mr.Whiz 0]

To transfer my approved petition so she can begin consular processing. 

[milimelo 4,508]

8 hours ago, Mr.Whiz said:

I am a LPR, I petitioned form I-824 for my spouse since Feb. 2024. The case is currently outside normal processing time, I have raised multiple service requests and contacted my congresswoman to no avail. 
 

I am considering filing for I-130. Please, I need your advice and way out. 

 

Why would you file another I-130 if you have an approved petition? I-824 is needed if you messed up I-130 and listed both location in the US and overseas so USCIS is confused if there will be AOS or consular processing. 

[appleblossom 2,803]

19 minutes ago, Mr.Whiz said:

To transfer my approved petition so she can begin consular processing. 

What approved petition are you transferring?  I’m assuming it is a 1-130 and you discovered your wife couldn’t adjust status as she’s not an immediate relative? So there’s no need for another I-130.

 

But let us know exactly what you’ve filed and what you’re trying to do, and somebody will help. 
 

Also which service centre is your I-824 at and what does the online status say? 

[Crazy Cat 41,983]

10 hours ago, Mr.Whiz said:

I am a LPR, I petitioned form I-824 for my spouse since Feb. 2024. The case is currently outside normal processing time, I have raised multiple service requests and contacted my congresswoman to no avail. 
 

I am considering filing for I-130. Please, I need your advice and way out. 

Just wait out the process for the I-824.  There is no reason to file another I-130.  

[Mr.Whiz 0]

1 hour ago, appleblossom said:

What approved petition are you transferring?  I’m assuming it is a 1-130 and you discovered your wife couldn’t adjust status as she’s not an immediate relative? So there’s no need for another I-130.

 

But let us know exactly what you’ve filed and what you’re trying to do, and somebody will help. 
 

Also which service centre is your I-824 at and what does the online status say? 

This is a follow-to-join petition. I-824 was filled after I received I-140 approval and petitioning I-485 which is already received. Reason is to transfer approved petition so My spouse can begin consular processing at the USA consulate in her location. 

[OldUser 6,978]

3 hours ago, Mr.Whiz said:

This is a follow-to-join petition. I-824 was filled after I received I-140 approval and petitioning I-485 which is already received. Reason is to transfer approved petition so My spouse can begin consular processing at the USA consulate in her location. 

Was your spouse in status or out of status when I-485 was filed?

 

Edited December 8 by OldUser

[appleblossom 2,803]

6 hours ago, Mr.Whiz said:

This is a follow-to-join petition. I-824 was filled after I received I-140 approval and petitioning I-485 which is already received. Reason is to transfer approved petition so My spouse can begin consular processing at the USA consulate in her location. 

 

Follow to join for your spouse who was on your I-140? Where were you both when it was filed, in the US? But your wife is now in another country?

 

Forget the I-130, as said above just wait for the I-824. The I-130 route would take many, many years as you are a LPR rather than USC. 

 

Again, which service centre and what does the online status say?

 

 

 

[Mr.Whiz 0]

35 minutes ago, appleblossom said:

 

Follow to join for your spouse who was on your I-140? Where were you both when it was filed, in the US? But your wife is now in another country?

 

Forget the I-130, as said above just wait for the I-824. The I-130 route would take many, many years as you are a LPR rather than USC. 

 

Again, which service centre and what does the online status say?

 

 

 

Thanks for your responses. 

Yes, for my spouse who was on my I-140. I filed the petition here in US whereas my wife is in London. 
 

The service centre is Nebraska. Case was last updated in September to “Name Was Updated” 

[appleblossom 2,803]

6 minutes ago, Mr.Whiz said:

Thanks for your responses. 

Yes, for my spouse who was on my I-140. I filed the petition here in US whereas my wife is in London. 
 

The service centre is Nebraska. Case was last updated in September to “Name Was Updated” 

 

OK, so the follow to join has probably confused things somewhat. All you can is wait for the I-824, good luck.