I am in Florida on a B1/B2 visa married to a US citizen for 8 years with 2 US born children. I am only entering as a visitor and return within the authorised time.

I would like to do an AOS for my Green Card but need to submit within the Ninth Circuit due to a particular case which was similar to mine and was approved. My I-130 has been approved.

My question(s) are:
1.What state within the 9th circuit has the quickest processing time for AOS to Green Card

2. Our marraige is valid does my wife have to be in that particular state while my case is being processed? Can she just come to the interview as she does not want to give up her career in Florida and move the children.

3. What is required for the interview?

4. What is the order of the process...fingerprints, medical, what forms are required etc

Appreciate the advice!

Ironman2008: With all due respect, unless you provide more details, it's unlikely that anyone will be able to offer advice.

What, exactly, does the Ninth Circuit have to do with anything? What are the specifics of your case? If you really want advice, you'll have to be more forthcoming.

If your I-130 has been approved, then it should have been sent to the National Visa Center. Does your wife have an NVC case number?

Ironman2008: A drug conviction usually means that a person is inadmissible...so, I'm surprised that you're able to visit as a tourist.

I doubt that you'll be able to apply for AOS at a USCIS office in the Ninth Circuit, as your wife isn't resident within that Court's jurisdiction...and she's the one who's making the application on your behalf.

Its the reversal of Roldan (cited in the 9th Circuit as Lugan-Armendariz v. INS) regarding the definition of "conviction".

You need a good layer, get one.

-THIS IS NOT LEGAL ADVICE-

quote:

Originally posted by Ironman2008:
Yes, my immigrant visa was denied overseas due to a drug conviction which in the US under the first offender act is not a conviction and therefore have to apply for my AOS in the Ninth due to a similar case which was upheld and AOS awarded.

I am surprised that you got a tourist visa. Did you tell them that you had wife and family in usa? Just really curious. Because if you didnt, you may have just added more complications.