Consular processing vs I-485 for family-based green card

[julieschneider]

Does the consular processing option exist for family based GCs? I mean the option to go overseas and get GC at the consulate in the applicant's home country?

I understand this option is faster than the I-485 route.
Does anyone have details?

Thanks
Julie

PS: We live near LA and the DO is reporting that it is processing Oct 2004. My to-be-hubby's home country is India.

 

[wordkiller]

yes you can

Julie that option is valid for family based green cards. The applicant can apply in his country of birth, and it's faster than adjusting status (about 6 months), the applicant, though, would have to stay in his country until the green card is approved, can't come to US during that phase.
When the dates become current, USCIS will send the info to the dept of state and approve the petition (doing that since july, petitions are approved as a number from the dept of state becomes available), they will mail some letter to you asking if the applicant wants to adjust status or apply in his country. If you decide the latter, they will send the info there.
Good luck

 

[julieschneider]

WordKiller,

Thanks for clarifying. I have a few follow up questions:

Julie that option is valid for family based green cards. The applicant can apply in his country of birth, and it's faster than adjusting status (about 6 months), the applicant, though, would have to stay in his country until the green card is approved, can't come to US during that phase.

1. But my to-be-husband is already here in the US and on a valid status. Are we eligilble to do consular processing even though we both live here in the US?

2. You say "applicant can apply in his country of birth". Looking at the I-130, the applicant is me right? Can I apply I-130 in India? Since I live here in the US, it has to go the service center in my jurisdication i.e. CSC, right?

When the dates become current, USCIS will send the info to the dept of state and approve the petition (doing that since july, petitions are approved as a number from the dept of state becomes available), they will mail some letter to you asking if the applicant wants to adjust status or apply in his country. If you decide the latter, they will send the info there.
Good luck

3. Just to make sure I understand the change you mentioned i.e. "since july, petitions are approved as a number from the dept of state becomes available". I read that for immediate relatives of USCs there is no issue of numbers being available because they are not subject to the immigrant visa limit. So does that change you mentioned matter for USCs applying for spouses?

4. I see CSC is processing I-130 for Feb 2005. So we are talking about 1.5 months to process I-130 for spouse of USC. How much more time to add to that for consulate to receive the case and complete the processing? Any idea?

Thanks a bunch,
Julie

 

[TheRealCanadian]

But my to-be-husband is already here in the US and on a valid status. Are we eligilble to do consular processing even though we both live here in the US?

Yes. However, unless he is in H/L status it is extremely unlikely he will be able to extend his status, or re-enter the US until his immigrant visa is approved.

You say "applicant can apply in his country of birth". Looking at the I-130, the applicant is me right?

No, the applicant for the immigrant visa will be your husband. He can apply for processing in any foreign country that he is eligible to live in.

So we are talking about 1.5 months to process I-130 for spouse of USC. How much more time to add to that for consulate to receive the case and complete the processing?

6-9 months.

 

[wordkiller]

some answers

Even if you are here on a valid status you can still do it in your country, it doesn't matter. The application for the green card is submitted there, by the time of the interview/appointment you travel there, and come back with the new status (i.e. green card)

You're right no trouble of numbers from DOS for immediate relatives, so you should be fine, and you still can get it in your country (India)

Take care and best of lucks

 

[gatorlink]

Hi julie be careful of those online processing dates. I'm in Fl and the TSC online processing for I-130 is aug 2004 yet a friend of mine filed I-130, I-485 in oct did AOS interview in Jan received GC in Feb