While applying for marriage based greencard USCIS made a terrible mistake (see I-130 approved (I-797 received): Why do we have to file I-824 (and do we)?): While they approved I-130, they approved it for Adjustment of Status instead of consular processing that was explicitely requested on the application. This forced us to file Form I-824. Not only is the filing fee 400 USD, the processing time for this form (that I was never supposed to file) is up to 14 month.

After trying to fight this and calling USCIS for a month without success, we got the recommendation to bite the bullet and just file it since everything else would delay things even more.

Now I came across https://www.uscis.gov/forms/forms-information/how-to-make-an-expedite-request. Since this was clearly a USCIS mistake I would like to request expedite processing.

  1. Does this work in this situation and does this work after I-824 was filed?
  2. The link above is very vague. Is there a way to make this request in written form, without calling the USCIS Contact Center?
  3. What is the best approach to fight the additional 400$ fee that we had to pay for I-824 due to clear USCIS error?

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