DCF I-130 in China, AOS in US?

[ShortCut 0]

Hi everyone,

I haven't been able to find a case similar, so I want to start a post for help. Some things are "theoretical" so bare with me.

I started the immigration process with a DCF I-130 in Guangzhou China. I returned P3 3 weeks ago before I came to the US on vacation(b1/b2). I received a note that I have a delivery waiting, so I,m assuming it's P4.

My situation on my vacation is that there are some family issues. I want to start AOS so I can stay in the us. My company is willing to support my move, but only based on me have legal standing to work will they offer officially a job.

First, is it possible to AOS after my I130 is approved and Ds-230 submitted outside the country?

Second, would it be faster to get EAD in the us if my I130 and appointment date are already fixed? Can this date be transferred to the US?

Can the I485 process be reduced since a lot of things are done during outside the country already?

Does anyone know of experience like this, or am I better to fly back and find out when my appointment could be?

Thanks for your help!

[Harpa Timsah 13,258]

If you see your DCF through and go back, you will have your greencard and work authorization much faster than if you tried to change streams now. You;ll probably be back in the US with a greencard in a month.

[LBeachey 45]

If you received P4, your visa interview is already scheduled. You should be able to ask the consulate by email when the appointment is. You will need two weeks max in Guangzhou assuming you get Pink. I don't think you even have basis to file AOS in the US. You are so close with the DCF, your biggest obstacle right now is the cost of a round trip plane ticket.

[LBeachey 45]

To followup, DCf appointments can be as little as two weeks from when you received P4 so I would contact the consulate right away.

[LBeachey 45]

Here's the link

http://guangzhou.usembassy-china.org.cn/immigrant-visa-unit-question.html

[Penguin_ie 5,994]

You cannot do AOS based on your DCF case. You could techniucally do AOS based on "suddenly deciding to stay in the USA" after coming on the tourist visa, but I think it would be difficult to prove as you obviously have immigrant intent, having the DCF case pending, and if they decide to deny it you could end up with a charge of missrepresentation and a ban. So I agree with the others, the safest thing would be to go back to China for the medical and interview.

[ShortCut 0]

Quick answer..the delivery .isn't P4. A friend managed to pick up the delivery with a copy of my passport...disappointing, but I have a new hard drive full of movies courtesy of taobao!

[LBeachey 45]

Quick answer..the delivery .isn't P4. A friend managed to pick up the delivery with a copy of my passport...disappointing, but I have a new hard drive full of movies courtesy of taobao!

I would still contact the consulate as your interview should be very close to being scheduled. In general they are responsive to pushing the interview date a few weeks if you need to stay in the US a little longer than orginally planned.

I am actually suprised you were able to get a visitor's visa while you have a DCF/CR-1 pending. Many to most Chinese have difficulty getting a visitor's visa to begin with and with those that do have an active visa, the consulate usually cancels the visa once you file the I-130.

Edited July 13, 2011 by LBeachey

[ShortCut 0]

We had the b1/b2 before getting married and filing the I-130. I'll get my timeline up for everyone in a couple weeks to share. It's been a busy month!

[ShortCut 0]

Hi everyone, thanks for the help. I updated my timeline so you can see how we did. I just got off the phone with DoS and got the interview date! Sep1!

In total, I went DCF in Guangzhou on July15 and interview date is 7weeks later...not bad!!