I-130 Interview in foreign country / Spouse in US - HELP

[Arnold Porche 1]

my spouse had an i-129f interview on APR 4, 2007.

she receives her VISA on APR 9, 2007

she came to US on APR 20, 2007..

we receive a mail from USCIS that she'll be having her interview on MAY 16, 2007 in her foreign country.

we plan on filing the Adjustment of Status on MAY 4, 2007

if we did file the adjustment of status, does it mean she does not have to go back to her foreign country to attend her interview?

[pushbrk 12,154]

my spouse had an i-129f interview on APR 4, 2007.

she receives her VISA on APR 9, 2007

she came to US on APR 20, 2007..

we receive a mail from USCIS that she'll be having her interview on MAY 16, 2007 in her foreign country.

we plan on filing the Adjustment of Status on MAY 4, 2007

if we did file the adjustment of status, does it mean she does not have to go back to her foreign country to attend her interview?

Yes, it is entirely your choice at this point. You may wish to notify the Embassy that you are adjusting status and ask them to expedite returning the file to USCIS, stateside.

[Yodrak 7]

Arnold Porche,

Read that mail again. The USCIS does not inform people about their visa interviews, USCIS has nothing to do with visa interviews.

If that notice is for a visa interview, your wife should inform the consulate of her intentions to adjust status.

Yodrak

my spouse had an i-129f interview on APR 4, 2007.

she receives her VISA on APR 9, 2007

she came to US on APR 20, 2007..

we receive a mail from USCIS that she'll be having her interview on MAY 16, 2007 in her foreign country.

.....

[zsun 0]

Going back to her foreign country to attend her interview is the fastest way to get the green card. Otherwise, maybe you have to wait for a looong term here to adjust the status.

[MargotDarko 0]

Going back to her foreign country to attend her interview is the fastest way to get the green card. Otherwise, maybe you have to wait for a looong term here to adjust the status.

I agree. If it's possible for her to travel for the inteview and you haven't applied for AOS yet, you would find it faster and easier in the long run. I would look at the travel costs vs the cost of AOS and also consider the benefit of having the immigrant visa faster. Someone please correct me if I'm wrong, but I think getting the immigrant visa faster would also mean being able to apply for citizenship sooner than going with AOS.

[pushbrk 12,154]

Going back to her foreign country to attend her interview is the fastest way to get the green card. Otherwise, maybe you have to wait for a looong term here to adjust the status.

I agree. If it's possible for her to travel for the inteview and you haven't applied for AOS yet, you would find it faster and easier in the long run. I would look at the travel costs vs the cost of AOS and also consider the benefit of having the immigrant visa faster. Someone please correct me if I'm wrong, but I think getting the immigrant visa faster would also mean being able to apply for citizenship sooner than going with AOS.

Well, yes, it means a green card sooner, so the three year clock starts sooner.

[Arnold Porche 1]

Going back to her foreign country to attend her interview is the fastest way to get the green card. Otherwise, maybe you have to wait for a looong term here to adjust the status.

I agree. If it's possible for her to travel for the inteview and you haven't applied for AOS yet, you would find it faster and easier in the long run. I would look at the travel costs vs the cost of AOS and also consider the benefit of having the immigrant visa faster. Someone please correct me if I'm wrong, but I think getting the immigrant visa faster would also mean being able to apply for citizenship sooner than going with AOS.

Well, yes, it means a green card sooner, so the three year clock starts sooner.

----

what if i filed the AoS already? because USCIS sent me a package for AoS on December 2006, i thought that I had to fill it up as soon as I can. So I filed it already on Feb. 2007.

"so the three year clock starts sooner"... ????

does it mean that it may take up to 3 years to get her green card??? please help me understand which is the better way to go? i would love to get my wife her green card as soon as possible so she can work here permanently. if its 3 months to get her green card, i'll probably let her stay here and wait.. but if we're talking about 3 years, i think spending $1500 round trip ticket to the Philippines is worth it. please help me decide before i file my adjustment of status on friday. thanks

[CutienPurg 0]

ok Im a bit confused .....

If the Cr-1 interview has been scheduled already , that means the fees have already been paid to the NVC....

and

The AOS acronym thats being tossed around is meaning 2 different things. 1st the OP says he's going to file for adjustment of status in May , but later goes on to say he " filled up" the AoS in Feb.....so Im gonna guess he meant the affidavit of support.

So i think it's important to mention and clarify for the OP that by filing for adjustment of status now means the fees sent to the NVC will not be refunded.....assuming thats what has happened.

Arnold ,

Do you recall sending cashier's checks or money orders for $70.00 and for $380.00 made out to The Dept of State?

[pushbrk 12,154]

Going back to her foreign country to attend her interview is the fastest way to get the green card. Otherwise, maybe you have to wait for a looong term here to adjust the status.

I agree. If it's possible for her to travel for the inteview and you haven't applied for AOS yet, you would find it faster and easier in the long run. I would look at the travel costs vs the cost of AOS and also consider the benefit of having the immigrant visa faster. Someone please correct me if I'm wrong, but I think getting the immigrant visa faster would also mean being able to apply for citizenship sooner than going with AOS.

Well, yes, it means a green card sooner, so the three year clock starts sooner.

----

what if i filed the AoS already? because USCIS sent me a package for AoS on December 2006, i thought that I had to fill it up as soon as I can. So I filed it already on Feb. 2007.

"so the three year clock starts sooner"... ????

does it mean that it may take up to 3 years to get her green card??? please help me understand which is the better way to go? i would love to get my wife her green card as soon as possible so she can work here permanently. if its 3 months to get her green card, i'll probably let her stay here and wait.. but if we're talking about 3 years, i think spending $1500 round trip ticket to the Philippines is worth it. please help me decide before i file my adjustment of status on friday. thanks

The three year clock comment refers to citizenship. A spouse of a USC, can apply for citizenship after three years as a permanent resident (green card holder). So, getting the green card sooner starts the three year clock sooner. If your spouse goes back to her country and secures a CR1 visa, she will have a green card a month or two after she re-enters the US. If you file for adjustment of status in May, she'll get the green card after that process is completed. It could be as short as 90 days but is often much longer.

As has already been mentioned, if you adjust status, the $380 and $70 fees you already sent to the NVC are down the drain. You'll pay pretty much the same amount again. You can use that savings to offset some of the cost of traveling back to the home country for interview. You've been given this information to help you decide for yourself, the best course for your circumstances and goals.

[Arnold Porche 1]

my bad.

i filed the "Affidavit of Support" on Feb 2006. because i thought that I have to fill it up to get her visa approve and it did the following month, she got her interview date, right after i filed the Affidavit of Support.

now my question is. Do I file the same "Affidavit of Support" for the Adjustment of Status?

do i put her US information (address) on the Affidavit of Support?

which do i do first? Change of Address (Online)? or Adjustment of Status (Mail) with Affidavit of Support?

i was reading it, that it requires I-864A for adjustment of status.. do i file 2 (i-864 & i-864a)?

also it needs i-865 for change of address?

[CutienPurg 0]

again , you have to make a decision as to what you would like to do

seems your choices are

1) have your wife fly to her home country and attend her interview and hopefully receive her visa. you have already paid all the fees for this process.......fees you will not get back......she could realistically have a greencard in her hands by June 1

2) file for adjustment of status in the US, pay fees again and wait for another interview ( maybe) then get the greencard......assuming you dont have any holdups

if u choose to file adjustment of status

http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos

if it were me .......I'd be booking a flight to the Phillipines

Good Luck to you both

[Reba 2]

At this point, with the CR1 almost completed (its all over but the interview) why would you waste time and money on adjusting status in the US? Unless she absolutely does not want to return to the Phils for some reason, she's better off just going to that interview. IMO anyway.

[MargotDarko 0]

In my eariler comment, I said - "if you haven't filed AOS yet" - I'm sorry I wasn't clear enough. I was referring to Adjustment of Status, not the Affidavit of Support. It sounds like you haven't filed Adjustment of Status yet. I agree with Reba that unless your wife does not wish to visit the Phillipines, you would find more benefit from gaining the CR1 now and avoiding the Adjustment of Status process. For me personally, it would be worth avoiding the hassle of Adjustment and worth it to be able to apply for citizenship sooner.

[Arnold Porche 1]

thanks for all the reply. now for my final questions before i make my move.

here's the breakdown:

Adjustment of Status = $400 = Green Card within 3-6 months

Attending CR-1 Interview = $1200+ round trip flight = Green Card within 1 month

WHAT IF.. I filed an Adjustment of status including an Employment Authorization (is it EAD?), how long will they approve an Employment Authorization? we're not really into rush about getting her a green card, but more like getting her to start to work LEGALLY.. i know that having a green card is the only way for her to work, but with the help of Employment Authorization , it will help her start to work prior to getting a green card right? i'm sorry to bother you guys, but do appreciate all the replies, it help us alot.. thank you guys

[CutienPurg 0]

remember you already paid 450.00 to the nvc

so you'll have 325.00 to adjust status and 180.00 for EAD. EAD can take 90 days or more .....or less.

I spose if you do aos in the end you'll save the cost of travel.

Good Luck whatever you choose