AOS vs. Consular Proceedings & Other General Questions

[Dord]

Hi guys,

I would like some information regarding our case. I am a permanent resident and I petitioned for my wife a little while ago. (PD: 02.25.16) Our I-130 was approved in June 2016. My wife is here in the US on a E-2 visa still valid for a few more years.

Here are my questions:

1. I believe our logical next step would be filing the i-485. And according to this page, my understanding is that we shouldn't file it until the final action date is after our PD. Can you please confirm that this is what we should do, and that there is nothing for us to file before then?

2. Then we will get the EAD after we file the i-485, while it is being processed (which can take roughly 200 days), and once processed, we will get the interview. Is this timeline correct? Am I missing any steps?

3. When will we get the biometrics appointment?

4. Does the EAD allow for moving and switching jobs easily? My wife's visa ties her to her current employer, so what if she were to quit her job after we file the i-485 and she gets her EAD (therefore losing her current visa), would she be able to easily find a new job?

5. I have read that some people chose consular proceedings instead of AOS because it tends to be much faster and easier. Any opinions on that?

Thanks in advance to anyone who will take the time to share information with us, it would be very helpful.

 

[newacct]

Hi guys,

I would like some information regarding our case. I am a permanent resident and I petitioned for my wife a little while ago. (PD: 02.25.16) Our I-130 was approved in June 2016. My wife is here in the US on a E-2 visa still valid for a few more years.

I am assuming you married after becoming a permanent resident; if you married before becoming a permanent resident, your wife may be able to immigrate as your derivative beneficiary, and not need to be petitioned separately.

1. I believe our logical next step would be filing the i-485. And according to this page, my understanding is that we shouldn't file it until the final action date is after our PD. Can you please confirm that this is what we should do, and that there is nothing for us to file before then?

The date that is used is the date that is published by USCIS here. There is just one date. Every month USCIS chooses one of the two Department of State dates, and uses the one it chooses for AOS; sometimes it is Final Action Date and sometimes it is Date for Filing (usually, the first few months of the fiscal year is Date for Filing and the last few months is Final Action Date; for this year, from Oct to Mar it was Date for Filing for family-based categories, and Final Action date since Apr; it will probably switch back to Date for Filing when the new fiscal year starts in Oct). Whatever they choose, is the date that matters for AOS.

2. Then we will get the EAD after we file the i-485, while it is being processed (which can take roughly 200 days), and once processed, we will get the interview. Is this timeline correct? Am I missing any steps?

Well, you have to apply for an EAD with I-765. You can apply together with the I-485 or after, but you will not get it if you don't apply for it. It is free to submit I-765 to apply for EAD as well as submit I-131 to apply for Advance Parole.

3. When will we get the biometrics appointment?

It varies. Usually one or two months after applying.

4. Does the EAD allow for moving and switching jobs easily? My wife's visa ties her to her current employer, so what if she were to quit her job after we file the i-485 and she gets her EAD (therefore losing her current visa), would she be able to easily find a new job?

As easily as anyone else in the US.

5. I have read that some people chose consular proceedings instead of AOS because it tends to be much faster and easier. Any opinions on that?

AOS is easier and you get to be in the US.

 

[Dord]

I am assuming you married after becoming a permanent resident; if you married before becoming a permanent resident, your wife may be able to immigrate as your derivative beneficiary, and not need to be petitioned separately.

That is correct, we married after.

It varies. Usually one or two months after applying.

I assume this is 1/2 months after applying for AOS (i-485), and not after filing i-130? Because our i-130 was approved 10 months ago, but we did not get the biometrics appointment yet.

Thanks a lot for taking the time to answer my questions, newacct, really appreciate it!