which way is faster to receive the green card?

[stelitta 0]

hi,

i want to know which way is the faster to get the green card,is it the adjustement of status once ur spouse is here or processing IR1 at the nvc and going overseas for an interview at the USEM?

my wife came here with the k3 and our case is still processing at the nvc,we just received the IV fee bill and the affidavit of support instruction letter,so,we want to know which way is the fastest?AOS in united states or going back to her country for an IR1 interview?

thank u

[Yiyi and Chris 0]

[ROZA 0]

My suggestion is to go with Cr1/Ir1 .

[jbhypno 0]

If she is here then you are on K3 so as far as I know the decision is made. File the AOS to get your green card. That is the normal method. IF you hadn't used the K3 and your spouse waited for the I-130 to be approved then you would continue with the interview overseas and get the green card after your arrived. It might complicate matters for her to go back to continue the I-130 process. If the consulate issues an RFE then she may not be allowed to come back until she gets a pink slip. She is here already. Don't complicate matters. Just file the AOS and wait for the green card. You are done with the NVC.

JBHypno

[Thai family 0]

If she is here then you are on K3 so as far as I know the decision is made. File the AOS to get your green card. That is the normal method. IF you hadn't used the K3 and your spouse waited for the I-130 to be approved then you would continue with the interview overseas and get the green card after your arrived. It might complicate matters for her to go back to continue the I-130 process. If the consulate issues an RFE then she may not be allowed to come back until she gets a pink slip. She is here already. Don't complicate matters. Just file the AOS and wait for the green card. You are done with the NVC.

JBHypno

I thought K-3 holders still had a choice if the I-130 made it to the NVC. We're working on the possibility of a CR-1 even though the K-3 is in hand, too.

Thai Mom

[jbhypno 0]

Yes you do have a choice but you chose K3 because you used that visa. Why complicate matters by making her go back. She is here why risk a denial? If she goes back and they say no she can't return. She is already here just apply for AOS. It may take a bit longer but I wouldn't want to risk her not being allowed to return.

JBHypno

[stelitta 0]

hi,thanks for ur answers guys

i never thought that she may get a denial the day of the interview and not be able to come back here,she has 2 years visa with multiple entry so i dont see how she may not be able to come back in case of denial....

plus,i dont know how long the AOS will take ?one or two years before she could get her green card??we wanna travel overseas and we thought that witth the green card it would be easier and simple.

so,now my qst is,how long would it take to get her green card if we file for the AOS here?one year,less or more???

any help from u guys will be great at this moment.thanks

[Dakine 26]

Could come out faster in getting the GC to go back and take the IR/CR interview. Much better especially if you end up with a IR and a 10 year GC. Cost of plane trip will be payed by the cost of doing AOS and removing conditions.

[Thai family 0]

It sounds like it is time to flip a coin. If the I-130 mysteriously makes it to the NVC, we will write out a list of pros and cons and the kids can make a decision. The NVC and consulate processes appear to be a piece of cake compared to AOS with the USCIS. There is such a hassle with the driver's license and EAD. Then there is the extra money down the drain... She's passed one interview, and I think they know exactly what to do for a second one. I could try to make an info pass appt. to check on the I-130 since I'll be 225 miles closer to our 'local' USCIS office in a few days. I don't trust what they say, though... It said on the receipt that they sent the petition the NVC, but then they put out a policy that it is to be held for AOS. In my book they cannot have it both ways, as the notice of action is a semi-legal document. They can't get any money out of them for "action on an approved petition". This needs to be officially addressed, because they cannot continue getting away with saying one thing and doing another, that is, if I have anything to say about it (which of course I don't, but one can always try to put their feet to the fire through official channels). I would like to think that the K-3 visa processing times at the CSC we're improved as a result of a teleconference with the ombudsman's office in January and a lot of complaints. I am probably dreaming.