AOS to Consular Processing

[Niia 22]

Previously filed for AOS last July in Dallas, still waiting to hear anything about an interview date. Need to go back to my home country for 10 months, so assuming I would have to withdraw I-485. 

 

Does anyone know if it’s possible to transfer I-130 from AOS to consular processing? Or would we have to refile? 

If anyone has any insight on consular processing timelines, would greatly appreciate if you could share. 

[TM92 527]

1 hour ago, Niia said:

Previously filed for AOS last July in Dallas, still waiting to hear anything about an interview date. Need to go back to my home country for 10 months, so assuming I would have to withdraw I-485.

Did you also apply for a free AP document (or a free EAD/AP combo card)? If yes, have you considered waiting until you have an approved AP in hand? Also, what is the reason for going back to your country? Is it the expiration of your I-94? If so, you have "authorized stay" allowed by the US Attorney General until the I-485 is either approved, denied, or withdrawn.

Edited October 2, 2018 by TM92

[Niia 22]

Just now, TM92 said:

Did you also apply for a free AP document (or a free EAD/AP combo card)? If yes, have you considered waiting until you have an approved AP in hand? Also, what is the reason for going back to your country? Is it the end of your I-94 date? If so, you have "authorized stay" allowed by the US Attorney General until the I-485 is either approved, denied, or withdrawn.

 

I have an EAD but never applied for an AP because I didn’t think I’d need it... the reason for going back is because my j1 waiver got denied and if we go to the interview for i485, it will be denied. So I’m trying to figure out what’s the best scenario for going back for 10 months to finish fullfilling the 2 year home residency rule. I know staying here was stupid and I should’ve just left right away and did my 10 months and came back. 

 

Should i I withdraw and reapply through consular processing while I’m back in my home country, or hope my AOS won’t get an interview for another 10 months and try to get an AP and go back that way. From what I know, the backlog for I485 in Dallas is 3 years, so I could be waiting for my interview for another year or two, but would definitely need AP in order to get back in...

 

Also not sure if I withdraw, would they count this whole time I’ve been in AOS status as overstay. 

[TM92 527]

17 minutes ago, Niia said:

the reason for going back is because my j1 waiver got denied

I see; I'm not well versed on AOS when a J-1 waiver is required. But I did find this, https://www.avvo.com/legal-answers/can-i-file-j1-waiver-and-aos-at-the-same-time--2155860.html:

Quote

The timing of the waiver is sometimes not approved within an anticipated period of time, so applying for adjustment of status without the waiver is risky.

19 minutes ago, Niia said:

Should i I withdraw and reapply through consular processing while I’m back in my home country

This is a good option if USCIS acknowledges your I-485 withdrawal and sends your I-130 when approved to NVC. This could potentially result in a GC faster than the slow Dallas office.

[TM92 527]

25 minutes ago, Niia said:

Also not sure if I withdraw, would they count this whole time I’ve been in AOS status as overstay. 

It won't because you have "authorized stay." But it might be safer to withdraw the I-485 when your back in your country in order to avoid any unauthorized stay time.

[pushbrk 12,105]

9 hours ago, TM92 said:

It won't because you have "authorized stay." But it might be safer to withdraw the I-485 when your back in your country in order to avoid any unauthorized stay time.

Good idea.  Just prepare the withdrawal letter AND the petitioner's request to direct the approved I-130 to Consular processing and the petitioner can mail them both once you've left.  Since all your filings will be in the same place, they should be easily able to accomodate the request.