I-130 Approved...? About AOS

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samir1010 - 30 Sep 2004 00:10 GMT

Hey Guys,
I-130 Finally Approved. Got transferred to CSC a few weeks back and
presto!!!! Its approved. Now starts the process of AOS. I have a
thousand and one questions about this process. Trying to do some
research and was hoping to get some help from you guys. Well here goes.

I know I have 2 options when filing for AOS. I can file directly here
in the US or I can file overseas for my wife. When filing overseas I
think its called consular filing. What is the exact process when going
through the consular process? Which process is faster? The dallas
office is showing seven months to process this application. How long
does it take for consular filing?

Since my wife's I -130 has been approved do we need to file for an EAD
when her's expires?

If we decide to file for AOS here, can we file for Advance Parole at the
same time?
How long does it take for Advance Parole?

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Buendia - 30 Sep 2004 00:26 GMT

> Hey Guys,
> I-130 Finally Approved. Got transferred to CSC a few weeks back
[quoted text clipped - 16 lines]
> the same time?
> How long does it take for Advance Parole?

Here is my understanding of the process:
The I-130 (now approved) will automatically result in consular
processing (this is not a form of AOS) unless your wife notifies the
service center and the National Visa Center that she is opting to file
for AOS in the United States at your local field office. (We were also
transferred from TSC to CSC, so David sent a letter to the NVC, the TSC
and the CSC - all certified mail!)

The timing question is tricky. One thing to look at is the processing
times for your local service center (not sure which one in Texas) for an
I-485 petition. Remember Consular processing means your wife will have
to go back to her home country.

Until your wife is adjusted (AOS) to a permanent resident, she needs to
have an EAD. You don't apply for it, she does. And she should apply
for the renewal well before it expires!

Why do you need advance parole if she's on a K3?????

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samir1010 - 30 Sep 2004 02:55 GMT

> Here is my understanding of the process:
> The I-130 (now approved) will automatically result in consular
[quoted text clipped - 14 lines]
>
> Why do you need advance parole if she's on a K3?????

I thought I would need advance parole once we apply for AOS.

Ok, so they automatically process it as a consular filing. Do you know
how long the process takes overseas. Basically how long would she be
gone for?
In dallas the lenght of time for AOS is 6-7 months. So which one would
be quicker?

Thanks
Samir

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Buendia - 30 Sep 2004 04:35 GMT

> I thought I would need advance parole once we apply for AOS.
>
[quoted text clipped - 6 lines]
> Thanks
> Samir

My understanding is that if her K3 is still valid she won't need AP to
travel, she'll just be traveling on her still-valid K3...

As for the timing - ah one of the great mysteries of immigration! I can
only tell you to look at other people's timelines to see how long
consular processing is taking.... and then it varies for the different
embassies. For example, Dublin is taking a loooooong time to give
interviews.

There are some great threads on the AOS v. Consular Processing option
which can give you a better idea of process and timeline.

Here's one:
http://67.15.12.206/forum/showthread.php?t=252426&highlight=cindyabs

And another:
http://britishexpats.com/forum/showthread.php?threadid=237161&highlight-
=130+approved+abroad

Take a look at those (the second is 4 pages and has tons of
information!)

There's also a website with timelines for completing the process abroad
(consular processing) that might help you figure out the timing
question.
http://mediabrew.com/k3/130abroad_list.php

Good luck! (and keep in touch regarding what you decide to do!)

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samir1010 - 30 Sep 2004 07:46 GMT

> My understanding is that if her K3 is still valid she won't need AP to
> travel, she'll just be traveling on her still-valid K3...
[quoted text clipped - 24 lines]
>
> Good luck! (and keep in touch regarding what you decide to do!)

Thanks so much for all your info. Those links really helped. After
speaking with my wife. I think we are going to do the AOS option. Its
taking roughly six months in Dallas. Which is not so bad. I have one
more question. Should we go ahead and file the paperwork for the AOS or
do we have to wait until we receive Choice of Agent letter? Thanks
again for all your help.
Samir

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Buendia - 30 Sep 2004 15:11 GMT

> Thanks so much for all your info. Those links really helped. After
> speaking with my wife. I think we are going to do the AOS option.
[quoted text clipped - 3 lines]
> Thanks again for all your help.
> Samir

AOS is how we're proceeding, too.
This is what we did:
1. David (so in this case, your wife) wrote letters to the NVC, Texas
Service Center and California Service Center (because our case was
transferred there) telling them he was in the US on a K3 visa and
was opting to complete AOS in the US rather than return to his home
country for Consular Processing. If you PM me, I'll send you the
text of these letters. This way they won't send the Agent of Choice
letter to your wife's home country since this is for consular
processing.
2. When I (the USC) get the official NOA (approval) for the I-130 in
the mail (hopefully this week some time), we will file the I-485 at
our local service center (for us, Albuquerque). You need that NOA
to file the I-485. But you can start filling out the I-485 form
now. There's all sorts of stuff you need to include with it.

I think it's pretty simple, but don't hesitate to PM me if you have
questions!
(And you're very welcome for the help - I've been doing a lot of
research into this, and very glad to share it!)

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Immigration Forum / USA Marriage Base / September 2004

I-130 Approved...? About AOS