I just filed a writ of mandamus to get a result from USCIS for an I-526 I filed back in early 2017. We are currently residing in the U.S. and we opted for change of status option when we filed the I-526. The current I-485 timelines are very long and that will only help keep our funds stuck with no returns for a long time since we can only ask for the return of funds once the I-829 is submitted which can only be done once we get the conditional green card. How can I start the process of changing from change of status to consular processing before the decision on the I-526?
You can request the change to consular processing, but you may have to file an I-824 after approval if they do not honor it and that can add many months as well. Be optimistic, this administration will improve processing times.
The I-485 timelines are running 12-30 months in most USCIS Service Centers. But since most of the U.S. embassies and consulates have been closed for nearly a year, and some are just now reopening, they have a huge backlog. I would bet you can get a green card faster through the I-485 process than at an embassy or consulate. Your mileage may vary.
If you indicated that you would adjust status in the United States on your I-526 form and you now wish to opt for consular processing at the U.S. embassy or consulate in your home country, you must file Form I-824 with USCIS to request notification of the I-526 approval to be sent to the appropriate consular office.
File an I-824 or try sending an email to the investor portal on USCIS and request the change.
You can write to the office where your I-526 is filed and also file a Form I-824 to change to consular processing.
