Burito
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Posts posted by Burito
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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?
I-130 or I-130 with AOS
in Adjustment of Status from Work, Student, & Tourist Visas
Posted
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?