If I, the principal applicant who is on F1 , switch to Adjustment of Status (AOS) in the U.S. under EB2, can my spouse(derivative beneficiary), who is abroad and already listed on an approved I-140 with an assigned NVC case number, proceed with consular processing simultaneously ? Currently, the NVC has not sent any consular processing instructions, and I haven't notified them yet. Is it possible for me to simply notify the NVC that the derivative beneficiary will continue with consular processing, and will the NVC allow it?
Unfortunately, the US immigration system does not work like this. If the dependent is overseas and the principal wishes to adjust status in the US, the principal must file for an I-824 Application for Action on an Approved Application or Petition to allow USCIS to send a copy of proof of your adjustment of status so that your spouse can begin the consular processing. There is no simultaneous processing of adjustment and consular action. The dependent is usually able to interview and come over within a year of the principal’s approval as long as there is continued visa availability. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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