How can I add my spouse and change to consular processing for my direct EB-5 application?

You need to file an I-824 to change to consular processing and at the time it gets to NVC with I-526 approval, then you can add your spouse - although you can advise of the spouse with the I-824 as well.

You can notify USCIS and ask them to change the designation to consular processing, but they may require you to file an I-824 after approval, which could take a long time. Your wife and child will be included, and you can notify USCIS now by including the marriage certificate and your child''s birth certificate. Generally, the Department of State has indicated unofficially that it is unlikely India will be backlogged for EB-5 next year but maybe later; it will be based on the number of cases in the system.

There is a process to move a case to the NVC for consular processing (for a fee, of course). When the NVC process starts, you can add direct family members with marriage or birth certificates.

You should discuss with your attorney, but the way I''d handle this is to interfile an updated form I-526 noted for consular processing. If USCIS does not honor this request and they don''t forward the case to NVC, then file form I-824 upon I-526 approval to transfer the case to the consulate. Regarding your spouse, you don''t have to do anything until NVC issues fee bills. Once they do, ask for a fee bill for your spouse and provide proof of marriage.

I-526 processing takes 34-76 months at this moment, so I do not expect that you will hear back from USCIS anytime soon based on your priority date. You should file an I-824 after your I-526 is approved to transfer the case to NVC and add your spouse then.

If you were in the U.S. at the time of I-526 filing and indicated that you would adjust your status, you need to file I-824 to have the I-526 approval sent for consular processing. You can add your spouse to the immigration petition at the DS-260 stage.