A layer told me an option to speed up AOS is to file I-130 in US - and once approved file I-485 in the country you are from (Frankfurt in my case since I am German). Does anybody of you have experience or can give advice about pros and cons. It seems complicated to me ... but maybe this is smarter route? I am living and working in the US and will marry an US citizen soon. Thanks much for your help.
<Marie>
Posted
File it all here in the US. On the 485 form, its says if you are in the US, you need to file it at the service center that has jurisdiction over your place of residence.
Good luck to you and congratulations on your upcoming wedding!
By the way, I'm from Strasbourg, France :)
<NYC>
Posted
... my, my, my - there seem to be so many options - or not. Thank you for shedding light into this jungle - and so quickly. Yes, I am very exciting about the wedding and all ... all this good stuff - but then also the - necessary, yet not-enjoyable - "legal logistics". Anyhow - thanks again. A bientot - Salut.
<Marie>
Posted
Yeah take 2 aspirins before reading those forms! The forms themselves answer a lot of questions in their instructions, believe it or not. I read them like 5 or 6 times before doing anything to them..and yes the need for aspirin did arise ;)
I-485 has to be filed in the US, but if you do not need EAD (i.e. have legal working status on an H-1B for example), you might consider consular processing overseas. Your spouse still files the I-130 on your behalf here, but then apply for an immigrant visa at your home consulate overseas. It ends up costing more money, cuz you have to fly home at a moments notice for your interview, and there is slightly more paperwork. But it is definitely faster.
<guest>
Posted
How to file in for immigration visa at my home country??I filed my 485 and 130 here and i am on H1,so when to file and how to file immigrant visa.
<consular process>
Posted
I'm no expert about the rules, but let me just tell you how we did it:
I was here on an H-1B which was good for another 2 years, so there was no problem of work or travel status. Married my USC spouse here, and then we filed the I-130. Requested consular processing instead of AOS (wrote it in big red letters across the bottom of the application).
August '01 sent in I-130 March '02 I-130 approved (California Service Center). After the I-130 was approved, the petition was sent to National Visa Center.
Early May '02 Received "Packet 3" from National Visa Center, which was the first step in applying for an immigrant visa. At this stage we had to complete the affidavit of support, and obtain police certificates.
When all that was done, we sent it to the consulate of my home country, Hong Kong. Sent in Packet 3 end of May.
One week later we received notice that our interview was scheduled for end of June.
Did the interview in US consulate HK, along with medical exam.
7/02 Returned to the States, and received Conditional Permanent Resident stamp in passport at the airport.
There was more expense involved than adjusting status, but consular processing was faster. You should talk to a lawyer about the differences between the two and see which one is right for you.
<yy>
Posted
Hi, All
As my question has connection with your topic So hope to get some answers
I am going to marry my American girlfriend in Europe, and she is unlikly to go back to USA for my visa purpose as she has a good job here. So can we finish all precession like filing petition , having a interview ,etc,in the US Embassy without her personal presence in USA ( Surely I can travel to USA for green card purpose)