AOS or file from outside the states?

[f.g 2]

I am confused and do not know what is the best thing for my case .. please I need any advice what to do?

 

I am married to a green card holder and came to the states with F1 visa then apply for I-130 with PD 29 September and got approved.

Now, I am legally stayed in US through my work permit (OPT) which will be valid till 5/7/2019 and can be renewed if I still working and having job offer.

 

My confusing is that my PD date may be will be current for final action within few months, so I don't know what is better, to apply for AOS from US (which may take longer time may be one year ), or apply as if I am outside the state process and wait till I have interview scheduled then go back to my country for the interview and then return with my GC package 

 

I am feeling that interview in my country will be much faster, but not sure if I am thinking in right way or risking my case

 

Please advice

 

Thank you

[PollyC 119]

5 minutes ago, f.g said:

I am confused and do not know what is the best thing for my case .. please I need any advice what to do?

 

I am married to a green card holder and came to the states with F1 visa then apply for I-130 with PD 29 September and got approved.

Now, I am legally stayed in US through my work permit (OPT) which will be valid till 5/7/2019 and can be renewed if I still working and having job offer.

 

My confusing is that my PD date may be will be current for final action within few months, so I don't know what is better, to apply for AOS from US (which may take longer time may be one year ), or apply as if I am outside the state process and wait till I have interview scheduled then go back to my country for the interview and then return with my GC package 

 

I am feeling that interview in my country will be much faster, but not sure if I am thinking in right way or risking my case

 

Please advice

 

Thank you

 

Im not sure how this works but i think in time wise its not much different?

Cos even when you're in your country they still need to go through USCIS first and stuff like that?

 

I hope someone else has better info on this will give you a better answer.

[f.g 2]

7 minutes ago, PollyC said:

 

Im not sure how this works but i think in time wise its not much different?

Cos even when you're in your country they still need to go through USCIS first and stuff like that?

 

I hope someone else has better info on this will give you a better answer.

Thank you for your reply

I am not sure also which is better??!!

Hope anyone could gave us more information or anyone who has previous experience 

[mushroomspore 3,044]

Can you provide a chronological timeline of your visas and marriage? It's hard to tell from your first post what your timeline is and an accurate picture of your journey would help others give proper specific advice.

[f.g 2]

13 minutes ago, mushroomspore said:

Can you provide a chronological timeline of your visas and marriage? It's hard to tell from your first post what your timeline is and an accurate picture of your journey would help others give proper specific advice.

My spouse is green card holder. We apply for I-130 on 29 September 2016 and got approval on 30 August 2017. And then I apply for OPT to work and  stay legally in US after i finish my study program.

 

And now waiting for an advice for what should I do as next step.

 

Hope this make my case much clear 😊

Let me know if you need further details 

[mushroomspore 3,044]

Well since you're already here, I think you can just apply for AoS. F1 visa holders are allowed to adjust status through marriage or employment. However I think the main thing to consider is your EAD.

 

Read the first question & the answer on this site. It says if you have an OPT EAD, it will be invalid when you apply for an AoS EAD. You have to stop work and then wait until you get the AoS EAD to resume. So if you're okay with that, then adjusting status now would be okay. If not, then you'll have to go to your home country once your OPT expires and finish the process from abroad. 

 

EDIT: I just lookes through more Google results on the OPT EAD vs AoS EAD and there are conflicting answers. Perhaps someone more well-versed can chime in. 

Edited June 28, 2018 by mushroomspore

[f.g 2]

2 hours ago, mushroomspore said:

Well since you're already here, I think you can just apply for AoS. F1 visa holders are allowed to adjust status through marriage or employment. However I think the main thing to consider is your EAD.

 

Read the first question & the answer on this site. It says if you have an OPT EAD, it will be invalid when you apply for an AoS EAD. You have to stop work and then wait until you get the AoS EAD to resume. So if you're okay with that, then adjusting status now would be okay. If not, then you'll have to go to your home country once your OPT expires and finish the process from abroad. 

 

EDIT: I just lookes through more Google results on the OPT EAD vs AoS EAD and there are conflicting answers. Perhaps someone more well-versed can chime in. 

Check this link

.. it talk about the source you get the information from

It seems at the end that the OPT is valid even after filing AOS

 

Also I have a friend where his employer apply for him I-140 and I-485 at the same time he was still on OPT. He works with OPT till he get his EAD.

[azblk 338]

Just file AOS when your priority date becomes current. Remember that since your spouse is a LPR you cant file AOS if you are out of status so if your OPT expires before your priority date is current you have to leave the country and file from your home country when your priority date becomes current. However if the PD becomes current while you are still on OPT then by all means you can file AOS while in the states. It will take a long time whether you file in the US or home country. The only advantage to filing in the states is you can work with EAD and wait your interview in the country.

[f.g 2]

5 hours ago, azblk said:

Just file AOS when your priority date becomes current. Remember that since your spouse is a LPR you cant file AOS if you are out of status so if your OPT expires before your priority date is current you have to leave the country and file from your home country when your priority date becomes current. However if the PD becomes current while you are still on OPT then by all means you can file AOS while in the states. It will take a long time whether you file in the US or home country. The only advantage to filing in the states is you can work with EAD and wait your interview in the country.

Thank you I will do that

But another question related to AOS filing.

The USCIS website this days says that I can use chart B from visa bulletin to file AOS, which means I can file now. Does filing now gives any advantage or they will not do anything in the case till my date became current??

[azblk 338]

11 hours ago, f.g said:

Thank you I will do that

But another question related to AOS filing.

The USCIS website this days says that I can use chart B from visa bulletin to file AOS, which means I can file now. Does filing now gives any advantage or they will not do anything in the case till my date became current??

I am not sure about how those charts work - really never paid any attention to them. If it says you can file then you should. The worst that will happen is your application will be rejected if you file before your date is current.

[f.g 2]

15 hours ago, azblk said:

I am not sure about how those charts work - really never paid any attention to them. If it says you can file then you should. The worst that will happen is your application will be rejected if you file before your date is current.

my PD 29 September 2016

 

according to Visa bulletin Chart B for filing and USCIS web site they show AOS filing date till 22 Sep 2017, which means I can file now for AOS as my PD is 29 September 2016, but 2 lawyers told me to wait till my final action date became current according to Chart A, at that time I can file AOS.

I don't know why they say that, can anyone advise if there is any explanation for their concept?

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-june-2018.html

[f.g 2]

16 hours ago, azblk said:

I am not sure about how those charts work - really never paid any attention to them. If it says you can file then you should. The worst that will happen is your application will be rejected if you file before your date is current.

azblk .. I think you do not need to worry about these charts as long you are married to citizenship.

My case is different as I am married to permanent resident which requires me to file AOS according to these charts (available visa)

So don't confuse your self as I am a different situation than yours.

[geowrian 22,337]

When doing AOS where the PD is not immediately current, follow the USCIS guide. This is based on the DOS visa bulletin, but provides the necessary context for AOS filers.

https://www.uscis.gov/visabulletininfo