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Burito

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  1. 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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