samir1010

Hey Guys,
I-130 Finally Approved. Got transferred to CSC a few weeks back and presto!!!! Its approved. Now starts the process of AOS. I have a thousand and one questions about this process. Trying to do some research and was hoping to get some help from you guys. Well here goes.

I know I have 2 options when filing for AOS. I can file directly here in the US or I can file overseas for my wife. When filing overseas I think its called consular filing. What is the exact process when going through the consular process? Which process is faster? The dallas office is showing seven months to process this application. How long does it take for consular filing?

Since my wife's I -130 has been approved do we need to file for an EAD when her's expires?

If we decide to file for AOS here, can we file for Advance Parole at the same time?
How long does it take for Advance Parole?

Buendia

Here is my understanding of the process:
The I-130 (now approved) will automatically result in consular processing (this is not a form of AOS) unless your wife notifies the service center and the National Visa Center that she is opting to file for AOS in the United States at your local field office. (We were also transferred from TSC to CSC, so David sent a letter to the NVC, the TSC and the CSC - all certified mail!)

The timing question is tricky. One thing to look at is the processing times for your local service center (not sure which one in Texas) for an I-485 petition. Remember Consular processing means your wife will have to go back to her home country.

Until your wife is adjusted (AOS) to a permanent resident, she needs to have an EAD. You don't apply for it, she does. And she should apply for the renewal well before it expires!

Why do you need advance parole if she's on a K3?????

samir1010

I thought I would need advance parole once we apply for AOS.

Ok, so they automatically process it as a consular filing. Do you know how long the process takes overseas. Basically how long would she be gone for?
In dallas the lenght of time for AOS is 6-7 months. So which one would be quicker?

Thanks
Samir

Buendia

My understanding is that if her K3 is still valid she won't need AP to travel, she'll just be traveling on her still-valid K3...

As for the timing - ah one of the great mysteries of immigration! I can only tell you to look at other people's timelines to see how long consular processing is taking.... and then it varies for the different embassies. For example, Dublin is taking a loooooong time to give interviews.

There are some great threads on the AOS v. Consular Processing option which can give you a better idea of process and timeline.

Here's one: http://67.15.12.206/forum/showthread...light=cindyabs

And another:
http://britishexpats.com/forum/showt...pproved+abroad

Take a look at those (the second is 4 pages and has tons of information!)

There's also a website with timelines for completing the process abroad (consular processing) that might help you figure out the timing question.
http://mediabrew.com/k3/130abroad_list.php

Good luck! (and keep in touch regarding what you decide to do!)

samir1010

Thanks so much for all your info. Those links really helped. After speaking with my wife. I think we are going to do the AOS option. Its taking roughly six months in Dallas. Which is not so bad. I have one more question. Should we go ahead and file the paperwork for the AOS or do we have to wait until we receive Choice of Agent letter? Thanks again for all your help.
Samir

Buendia

AOS is how we're proceeding, too.
This is what we did:
1. David (so in this case, your wife) wrote letters to the NVC, Texas Service Center and California Service Center (because our case was transferred there) telling them he was in the US on a K3 visa and was opting to complete AOS in the US rather than return to his home country for Consular Processing. If you PM me, I'll send you the text of these letters. This way they won't send the Agent of Choice letter to your wife's home country since this is for consular processing.
2. When I (the USC) get the official NOA (approval) for the I-130 in the mail (hopefully this week some time), we will file the I-485 at our local service center (for us, Albuquerque). You need that NOA to file the I-485. But you can start filling out the I-485 form now. There's all sorts of stuff you need to include with it.

I think it's pretty simple, but don't hesitate to PM me if you have questions!
(And you're very welcome for the help - I've been doing a lot of research into this, and very glad to share it!)