Switch from I-130/I-485(AOS) to CR-1

[anwng09 0]

My wife and I married in the states while she was on a visitor's visa. She was previously on a K1 fiance visa but we had decided not to get married. She then came to visit a few months later and we resolved our differences and decided on the spot to get married. So, we thought that the I-130 + I-485 was the way to go. However, we overlooked the warnings to not leave the US while the AOS was pending. As she returned from visiting relatives this month, customs sent her back.

The customs officer told us that we should file for a CR-1 to grant her a temporary green card. My question is that, I have a I-130 pending with USCIS already that's in a 'received' status. Is there a way to adjust my I-130 so that USCIS sends it to NVC to get the CR-1 process underway? Or, do I have to submit a brand new stand-alone I-130 in order to go down the CR-1 path?

[Hypnos 6,579]

Withdraw the I-485 and let the existing I-130 continue.

USCIS may forward the I-130 to the NVC after the I-130 is approved, or you may need to file an I-824 afterwards to make this happen, since you initially filed it alongside an I-485.

[anwng09 0]

Withdraw the I-485 and let the existing I-130 continue.

USCIS may forward the I-130 to the NVC after the I-130 is approved, or you may need to file an I-824 afterwards to make this happen, since you initially filed it alongside an I-485.

@Hypnos,

Thanks for the response. I'll ask USCIS to cancel the I-485. I think I will have to file the I-824 after the I-130 gets approved.

Even though my I-130 is already with USCIS, I think this process will still take several months as I've read that the majority of the time (5 - 6 mos) is spent by NVC.