switch from AOS to Consular Processing?

[K Wang 0]

Hi everyone,

 

I am originally from China and I am now a US citizen and I am applying for GC for my parents now, who are in the US with me (for a little over 6 months by now). We started the application on Oct 20 of 2016. Both of them have their finger prints done, I-130 and I-131 are pending, the status of I-485 is "waiting for interview to be scheduled".
 

My question is: can we switch from I-485 to Consular Processing? My parents have been living in the US for a little more than 6 months now and they wanted to go back to China, since they really miss home. But we do NOT want to give up the application and they do want to be able to go back to US some day. So would it be possible for us to use Consular Processing instead of waiting on I-485 interview?
 

Any suggestion will be highly appreciated!!!

[aleful 1,905]

hi

 

are you sure they want to come and live here? if not then it's not worth it, the problem now is that they overstayed their tourist visa, so it is now have been canceled.

 

they should have left before the 6 months were over if they aren't interested in living here. now do they have advance parole? if so they can visit for a few weeks and come back to finish the case and have their interview here

 

you will waste a lot of money only for a few months difference, you have to pay the i824 to move the i130 to NVC, then you have to pay the i864 affidavit of support and the DS260 for each of them, the affidavit is only paid once for both of them, but the ds260 is separate

 

and the i485 has no use, so you wasted a lot of money, plus they also have to pay for the GC, I'm not sure if they'll have to go through the medical again

so they will return and go through consular processing, and then what? are they willing to move here for good?

 

 

[K Wang 0]

Thank you very much for the reply!

 

Yes, they are not interested in living here, but as their son, I just wanted to be nice and to provide them with all the options... oh well, I am here already, so I will continue on this.

 

Now your reply still gave me plenty of information, very helpful, so thanks again.

 

A few follow-ups:

 

1. you have to pay the i824 to move the i130 to NVC  - the I-130 is still pending... so it is movable even it is pending?

2. then you have to pay the i864 affidavit of support - I filed for i-864 when I submitted the whole package 3 months ago... so you are saying I need to file that again?

3. and the DS260 for each of them  - what is this?

 

Again, you have given me lots of information. Thank you and thank you!

[aleful 1,905]

hi

 

so why file for them, plus they let their tourist visa get canceled, they would have just left and then come to visit you

 

the GC is not a tourist visa, they must live here

[K Wang 0]

well... do you mind take a look at my follow-up questions? I really appreciate your input/help!

[aleful 1,905]

hi

 

you withdraw the i485 for each of them, you transfer the i130 to the nvc for each of them

 

the i864 is paid when going through consular processing, free when adjusting status, plus since you are withdrawing the petitions, you are starting all over again,, with the exception of having to file the i130 for each of them, consular processing is different from adjusting status in the US

 

the DS260 is biographic information, you need one for each

[K Wang 0]

thank you for providing the information, very helpful. Wish you all the very best!