This case is a mess. The I-130 requires choosing either adjustment of status location (#61 page eight) OR Consulate location (#62 page 8). To change from one to the other requires filing a I-824 after the I-130 is approved. Filing I-485 won't work because he is out of status. Part of the inital evidence required to be submited with a I-485 is proof of legal status from US entry until filing the i-485. Below is from page 11 of I-485 instructions. My advice is go home, withdraw the current I-130, and refile a I-130 showing consular processing.
This case is a mess. The I-130 requires choosing either adjustment of status location (#61 page eight) OR Consulate location (#62 page 8). To change from one to the other requires filing a I-824 after the I-130 is approved. Filing I-485 won't work because he is out of status. Part of the inital evidence required to be submited with a I-485 is proof of legal status from US entry until filing the i-485. Below is from page 11 of I-485 instructions. My advice is go home, withdraw the current I-130, and refile a I-130 showing consular processing.
