adjustment of status or Consular processing

[a.mujtaba]

Hello,


I'm Pakistani national but living in Germany with Blue Card as I am working in German company. I have got married on April 16th with US citizen. I have visitors Visa B2 which I had got from Frankfurt Consulate, I entered in US on 12th of April and left on 25th of April. Now me n my wife are thinking to go for immigration process. we are confused which is better way for us. Either to opt Adjustment of Status or Consular Processing. if we go for consular processing then do we have to initiate it from Pakistan or we can do it from Frankfurt USCIS field office? We're avoiding to process it from pakistan because it may take more time.
in adjustment of status process, my wife has still to submit I-130, we are not sure about it. Can I submit I-765 along with I-485? Is anyone over here and who has experience on Altanta Field Office for AOS?

[inadmissible]

Congratulations on your recent marriage. As a blue card holder, the local American consulates in Germany should process your immigrant visa application, you won't have to return to your home country

[scientist2016]

For AOS, you have to be in the US. Then your wife can file I130 and I485, either separately or concurrently. Concurrent filing is the preferred path. However, some people choose to file separately, given the application cost viz., they want to clear the I130 and then apply for I485 based on the successful I130 petition. If you file concurrently, and your I130 gets rejected it will result in an automatic rejection of the I85 too, and hence some people take the separate filing route.

Along with the I485, which is the actual AOS application, you can file for EAD and AP for free. I would recommend concurrent filing and filing for EAD and AP.

[a.mujtaba]

Congratulations on your recent marriage. As a blue card holder, the local American consulates in Germany should process your immigrant visa application, you won't have to return to your home country

thanks for your reply.
being a senior member, have you seen any case like that? because on US consulate's website, i haven't found any detailed information regarding my case.

[a.mujtaba]

For AOS, you have to be in the US. Then your wife can file I130 and I485, either separately or concurrently. Concurrent filing is the preferred path. However, some people choose to file separately, given the application cost viz., they want to clear the I130 and then apply for I485 based on the successful I130 petition. If you file concurrently, and your I130 gets rejected it will result in an automatic rejection of the I85 too, and hence some people take the separate filing route.

Along with the I485, which is the actual AOS application, you can file for EAD and AP for free. I would recommend concurrent filing and filing for EAD and AP.

thanks you very much!!

i want to know one thing that what is 30/60 days rule for AOS? Is this rule/myth applied after entering in US or after getting married? like in my case, i got married and then left States and I am going back in July.

[inadmissible]

If you have any concerns whether the consulate will consider your work permit as residence, give them a call and ask

There is no 30/60 day rule. However, you will not be granted admission to the United States on a B visa if you can not overcome the presumption of your immigrant intent. B visa holders would typically articulate a cogent and credible plan to visit the United States temporarily and then depart afterwords. That isn't your plan, so your options are to either lie or face denial of admission

For you, the consular process is the most straightforward approach, although it will take much longer before you can move to the United States