Consular VS AOS Help

[TRD]

My I-130 Petition for Alien Relative has now been approved. My wife is a LPR.

I am currently in the US on a B1/B2 Visa. I am here legally and have not overstayed. I have another 5 months on my B1/B2 visa, then if need be I will leave the US and return again.

My question are these :

1. Can I file a I-485 once my case becomes current rather than returning to my home country for the interview? I expect my priority date to be current in the next month or two going on the VisaBulletins tracking as it is now.

And

2. How do i change the BENEFICIARY Address so that all correspondence regarding this case is sent to my address in the US?

Thank you !

[osweiti50]

H

[osweiti50]

Hi,

It seems that your wife has filed your I-130 towards LPR through Consular Processing path, if this is the case and since you have B1/B2 then she should write to the USCIS informing them that she will file I-485 instead of Consular Processing otherwise your approved I-130 will be forwarded to the National Visa Center.

My advice for you is that let your wife write to the USCIS and file your I-485, this is in line of the law.

As far as the address change is concerned, yes you can as well informing them about your new address, attach your (I-795 (I guess) with your letter.

[TRD]

Hi,

It seems that your wife has filed your I-130 towards LPR through Consular Processing path, if this is the case and since you have B1/B2 then she should write to the USCIS informing them that she will file I-485 instead of Consular Processing otherwise your approved I-130 will be forwarded to the National Visa Center.

My advice for you is that let your wife write to the USCIS and file your I-485, this is in line of the law.

As far as the address change is concerned, yes you can as well informing them about your new address, attach your (I-795 (I guess) with your letter.

Thank you very much for the reply.

A couple of last questions :

Once I have applied for the I-485, will I need to leave the US if my B1/B2 goes over 6 months, or will it not matter that I stay longer than six months, as long as the I-485 is filed?

Also,

The I-130 has already been approved and sent to NVC (1 week ago). Shall I notify USCIS and NVC that I will be filing the I-485 now or when the priority date becomes current / a visa is available?

[osweiti50]

Thank you very much for the reply.

A couple of last questions :

Once I have applied for the I-485, will I need to leave the US if my B1/B2 goes over 6 months, or will it not matter that I stay longer than six months, as long as the I-485 is filed?

Also,

The I-130 has already been approved and sent to NVC (1 week ago). Shall I notify USCIS and NVC that I will be filing the I-485 now or when the priority date becomes current / a visa is available?

Hi,

I would advise that let your wife call the National Visa Center and get advice from them. Please note that right now your I-130 is out of the USCIS hands.

What I know that you can switch from Consular Processing to AoS based on I-485. Regarding your stay longer than 6 months in US (B1/B2) I believe yes you can as your provided that the NVC has been informed and your I-485 has been filed.

[TRD]

I 765

Hi,

I would advise that let your wife call the National Visa Center and get advice from them. Please note that right now your I-130 is out of the USCIS hands.

What I know that you can switch from Consular Processing to AoS based on I-485. Regarding your stay longer than 6 months in US (B1/B2) I believe yes you can as your provided that the NVC has been informed and your I-485 has been filed.

Hi again,

You were so much help last time please can I ask another question.

Am I eligible to file the I-765?
I am on a B1/B2 Visitors visa and my I-130 is approved (my wife is a LPR). I am considering doing AOS but need to work.

If so, what catagory do I fall under?

Thanks!