To I-485 or not?

[aliceinwndrlnd1 0]

HI- My stepdaughter received her Notice of Action today (September 20). She is currently in the USA on an F-1 visa and is coming to Tanzania in May 2020 for summer break. We (her dad and I) currently live in her home country of Tanzania. What are the advantages for filing an I-485 adjustment of status to have her processed in the USA rather than having the process go through the NVC and flying her home for processing? Is there a significant cost or time difference. It seems the i-485 fees are $1,110. 

Thanks in advance. 

[HRQX 4,145]

56 minutes ago, aliceinwndrlnd1 said:

We (her dad and I) currently live in her home country of Tanzania.

Do you still have US domicile? https://www.uscis.gov/system/files_force/files/form/i-864instr.pdf Page 5

56 minutes ago, aliceinwndrlnd1 said:

What are the advantages for filing an I-485 adjustment of status to have her processed in the USA rather than having the process go through the NVC and flying her home for processing?

I see disadvantages. The Civil Surgeon exam tends to be way more expensive than an overseas medical. I-485 processing can take a long time, so it's a potentially slower route for a green card: https://egov.uscis.gov/processing-times/

Edited September 24, 2019 by HRQX

[payxibka 10,044]

56 minutes ago, aliceinwndrlnd1 said:

HI- My stepdaughter received her Notice of Action today (September 20). She is currently in the USA on an F-1 visa and is coming to Tanzania in May 2020 for summer break. We (her dad and I) currently live in her home country of Tanzania. What are the advantages for filing an I-485 adjustment of status to have her processed in the USA rather than having the process go through the NVC and flying her home for processing? Is there a significant cost or time difference. It seems the i-485 fees are $1,110. 

Thanks in advance. 

$1,225 for the i485

.

Does she have a submitted petition already?

Edited September 24, 2019 by payxibka

[USS_Voyager 1,971]

I personally will always choose Adjustment of Status over Consular Processing every time. Reason is, frankly, I do not like consular interviews. I do not have good experiences with them. And it is not personal and not a strike against them or their work ethics, but to me (and some immigration lawyers I spoke to), consular officers do not have adequate training in relevant immigration laws, not to the same levels of USCIS officers anyway. Yet, more often than not, they yield incredible powers that are non-reviewable, non-challengable, non-sueable. 

 

As far as cost is concerned, if you go the CP route, you still have to pay the IV fees, the other fee that I'm blank right now, the green card fee, ... so it ends up being the same ballpark anyway. 

[SusieQQQ 11,584]

I’d also go with AOS as she is currently legally in the US, even if it costs a bit more Apart from any other factors, you can’t know when a CP interview will be and if she is studying, the travel (and the time as she will need to do the medical in the country she interviews in) could be inconvenient and disruptive. She can fit an AOS interview in much easier. Plus... adverse AOS decisions can be appealed, consular ones can’t.

What I don’t understand though is the basis for the petition if the petitioner is living abroad. Are you planning to return before she adjusts or gets a visa?

Edited September 25, 2019 by SusieQQQ