Applying CP(with different I-140) while spouse's AOS ongoing

[sgautam]

I have my I-485 (AOS) being processed (since July 2001) through my employer with my wife as the secondary applicant.
Frustrated with the AOS delays and lack of tracking ability we are considering going the CP route using the I-140 that my wife has thru her employer. We are hopeful that CP, even at this stage might still be faster than AOS that has gone nowhere during the last 6 months since we filed.
Are there any issues that (Delhi)Consulate might bring up or are there any additional procedures required for such a case?

Any information is appreciated.

[abu lafya]

Re: Applying CP(with different I-140) while spouse's AOS ong

I think this is perfectly OK.

[kw177]

Applying CP(with different I-140) while spouse's AOS ongoing

Not Legal Advice:

Should be no problem. Just make sure of one important thing. Make sure BOTH of you have advanced parole documents.

If you leave the country without them the INS will consider your I-485 abandoned. So if you need to go back to the US before your IV is issued (to retrieve documents etc) you won't be able to get in.

Also if her IV application is turned down you may still be able to return as parollees and continue with your adjustment process (though I am not sure about this so you will need to consult with an attorney for the fine details).