how can i switch to consular processing?

[rumbleiv123 0]

130 and 485 were sent as a package. We abandoned the 485 by leaving the US without advanced parole. The i-130 was accepted but not approved yet. I believe right now they have not officially considered the 485 abandoned since they recently accepted RFE for it.  How can I change the I-130  to consular processing ?

Edited July 31, 2020 by rumbleiv123

[igoyougoduke 1,604]

you file i-824 to change to CP 

[rumbleiv123 0]

26 minutes ago, James120383 said:

you file i-824 to change to CP 

so i would need to wait for 485 to officially abandon and the i130 to get approved before filing i824?

[HRQX 4,145]

1 hour ago, James120383 said:

you file i-824 to change to CP 

Incorrect. Form I-824 is "Application for Action on an Approved Application or Petition"

https://www.uscis.gov/sites/default/files/document/forms/i-824instr.pdf "You must use Form I-824 to request U.S. Citizenship and Immigration Services (USCIS) or U.S. Customs and Border Protection (CBP) action on a previously approved application or petition."

3 hours ago, rumbleiv123 said:

The i-130 was accepted but not approved yet.

Petitioner should call USCIS and request change to consular processing. Might have to request for a Tier 2 officer. If they refuse the request, you'll have to wait for the I-130 to be approved. Then the petitioner would be able to file I-824.

Edited July 31, 2020 by HRQX

[Ontarkie 13,884]

~~Moved to IR1/CR1 P&P, from AOS FAmily K1 P&P - The OP has changed their path.~~

[geowrian 22,335]

8 hours ago, HRQX said:

Incorrect. Form I-824 is "Application for Action on an Approved Application or Petition"

https://www.uscis.gov/sites/default/files/document/forms/i-824instr.pdf "You must use Form I-824 to request U.S. Citizenship and Immigration Services (USCIS) or U.S. Customs and Border Protection (CBP) action on a previously approved application or petition."

Petitioner should call USCIS and request change to consular processing. Might have to request for a Tier 2 officer. If they refuse the request, you'll have to wait for the I-130 to be approved. Then the petitioner would be able to file I-824.

I concur with this (I recall their previous thread).

The I-824 won't apply as the petition is not approved yet.

Getting in contact with USCIS - preferably a Tier 2 officer or a manager - would be the only viable path I can think of.

[rumbleiv123 0]

9 hours ago, HRQX said:

Incorrect. Form I-824 is "Application for Action on an Approved Application or Petition"

https://www.uscis.gov/sites/default/files/document/forms/i-824instr.pdf "You must use Form I-824 to request U.S. Citizenship and Immigration Services (USCIS) or U.S. Customs and Border Protection (CBP) action on a previously approved application or petition."

Petitioner should call USCIS and request change to consular processing. Might have to request for a Tier 2 officer. If they refuse the request, you'll have to wait for the I-130 to be approved. Then the petitioner would be able to file I-824.

 

56 minutes ago, geowrian said:

I concur with this (I recall their previous thread).

The I-824 won't apply as the petition is not approved yet.

Getting in contact with USCIS - preferably a Tier 2 officer or a manager - would be the only viable path I can think of.

Thanks. I called as soon as the phone lines opened and got to a Tier 2 within 30 minutes. They said they sent the request to the service center and recommended I officially send a letter to withdraw my I-485  so I wouldn't have to wait for it to get denied.