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Burito

I-130 or I-130 with AOS

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I'm currently living in San Francisco with a work visa expiring in 1 year.

My fiance and I want to get married soon and we are looking at possibilities to stay in the US after my visa expires. We found 2:

 

1. Do the I-130 only while remaining in the US with my work visa

 

Is it something do-able since I have a work visa?

 

The processing time seems much shorter (6 to 13 months) compare to 18 months for I-485 in San Francisco.

The plan would be to go back to my country to do the interview if it happens before my visa expired or wait a few months in my country for it to happen.

I will not be traveling out of the US before the filling and the end of my visa.

 

2. Do the I-130 with AOS

 

Since I have a work visa do I HAVE to do the AOS

Processing time is currently between 18 and 20 months in San Francisco and not being able to leave the country during that long is an issue for me. 

Every lawyer I talked to, recommend to not leave the country even with the travel permit. Is it a real risk?

 

I see that most of the people do the option 2 but is the option 1 a possibility? And would it be really shorter?

 

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Both options are completely viable paths to permanent residency. It's your choice which one you do.

 

Option 2 has a number of drawbacks (longer, more expensive fee-wise...although may be offset by flight costs to travel back & forth, etc.). The only advantage of #2 for most people is not being separated during the wait. That doesn't really apply too much to your case, though.

 

Option 1 would likely be shorter overall...about ~12-14 months total (I-130 approval -> NVC -> embassy interview -> visa issued).

 

But as noted, either option is a valid path for you.

 

Leaving the US is (almost) never an issue, but returning can be. Only USCs are guaranteed entry. The "safest" option is to not leave the US until you are a USC, or at least an LPR as they still have plenty of rights that visa and AP holders do not. But in terms of practicality, re-entry via a properly issued AP document is not risky and people do it all the time. Unless AOS is denied while abroad, you commit crimes abroad, try to smuggle something or someone, etc., you have almost no real chance of being denied entry on AP.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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If OP has a robust employment visa, such as an L-1 or H-1B, the lack of immediate AP wouldn't be an issue. 

 

What visa do you have? 


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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I have an E-2 visa. 

 

If I was to do option 1 (for the shorter processing time), that would leave me at most 2 or 3 months outside of the US which is not a big issue for me. 

With option 2 (I-130 + AOS), I heard that even with AP should not leave the country which is annoying considering the current processing time. Are maybe I am wrong and it's not an issue? 

 

 

 

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1 hour ago, Burito said:

I have an E-2 visa. 

 

If I was to do option 1 (for the shorter processing time), that would leave me at most 2 or 3 months outside of the US which is not a big issue for me. 

With option 2 (I-130 + AOS), I heard that even with AP should not leave the country which is annoying considering the current processing time. Are maybe I am wrong and it's not an issue? 

 

 

 

Then just adjust status.  No need to be separated and the difference in cost is trivial to somebody qualified for an E2 visa.


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Re-entering on AP is generally routine and uneventful for almost everyone. 


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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