I-824 for spouse with my I-140/I-485 concurrent filing?

[saif007]

Hi,

I am in the process of filing my I-140/I-485 concurrently under EB2-NIW. My PD is current. My wife is still overseas awaiting her H4 visa and it is now close to a year since her case has been pending "administrative processing". We don't know how much longer it will take.

1. Can I file I-824 for my wife who is overseas along with my application? OR do I have to wait till my I-485 is approved before I can file I-824 for my wife?
   
2. If not, then what is the other best way to expedite her GC processing along with mine?
   

Thanks for taking a look and answering my doubt!

[Belle]

1. I think so. Talk to an experienced lawyer.

2. You may do to consular processing for both of you. Just check the corresponding option on the I-140.

[JoeF]

An I-824 is "Action on an approved petition". That would indicate to me that it can only be filed once the I-140 is approved.

I second Belle's suggestion to go for CP for both of you. No I-824 needed, just a checkbox on the I-140. No I-485 filing then, of course.

[saif007]

Thanks Belle and JoeF!