I-130 Transfer for Consulate Processing & I-485 AOS withdrawal-Question

[tomjerry111]

Hello

I need a suggestion regarding what will happen if we decide to make a changes to our AOS Application?

1. Can I Transfer my Spouse I130 application from US Feild office to home country for consulate processing? If Yes How and will that impact Spouse GC Application? What will be the PD in this case?, will the process starts from the scratch? What are the pros & Cons?

2 Can We withdraw 1485(AOS Application) ? If yes, how and will that have any Impact on spouse?s I130 GC application? What will be the Pros & cons?

PD Concurrent filling 01/21/2018
EAD & AP Card received 07/15/18
Status changed to ?Case is ready to schedule for an interview?- 7/25/18
US Feild Office Processing time 12 to 21months
Consulate Processing Time : 5.5 to 12 months

We are considering this option due to parents? health who are residing back in homecountry. My Wife ,Beneficiary, is currently visiting them for their medical procedure but it looks like she needs to stay longer then expected. Therefore we are thinking about this option if it works out smoothly.

Please kindly share your experience and please guide us.

I will truely apprieciate your help and suggestions.

Thank You

[UScitizenFilingforspouse]

Hello

I need a suggestion regarding what will happen if we decide to make a changes to our AOS Application?

1. Can I Transfer my Spouse I130 application from US Feild office to home country for consulate processing? If Yes How and will that impact Spouse GC Application? What will be the PD in this case?, will the process starts from the scratch? What are the pros & Cons?

2 Can We withdraw 1485(AOS Application) ? If yes, how and will that have any Impact on spouse?s I130 GC application? What will be the Pros & cons?

PD Concurrent filling 01/21/2018
EAD & AP Card received 07/15/18
Status changed to ?Case is ready to schedule for an interview?- 7/25/18
US Feild Office Processing time 12 to 21months
Consulate Processing Time : 5.5 to 12 months

We are considering this option due to parents? health who are residing back in homecountry. My Wife ,Beneficiary, is currently visiting them for their medical procedure but it looks like she needs to stay longer then expected. Therefore we are thinking about this option if it works out smoothly.

Please kindly share your experience and please guide us.

I will truely apprieciate your help and suggestions.

Thank You

I am sorry to hear about her parents' health. I do not think that Consular processing would be any faster. You no longer file at the Embassy directly. USCIS has to approve the I-130 first, then it's sent to the NVC. Since you filed concurrently, your I-130 has just been sitting there. You would start over.
I think you would be adding an unnecessary layer of complexity to the process. Your wife has Advance Parole. Instead, I would find out how long she may stay outside of the US without that snowballing upon her return at the port of entry. Your office is Newark, NJ. You're likely looking at an interview sometime in January 2019.

Here is a screenshot of someone with PD 08-04-17 who interviewed on 06-27-18. So if my guesstimate math is correct, people who filed in 10-2017 are interviewing in 08-2018. I'd say you have another 4 more months give or take. Remember that Advance Parole is not a visa but simply put, allows you to be let back into the US after traveling abroad. I would think that if her parole is valid for 1 year, then it make sense she has up to a year to seek re-entry. I would not push that far, though. I would certainly want to know specifically how long she can be outside without a problem.

[tomjerry111]

I am sorry to hear about her parents' health. I do not think that Consular processing would be any faster. You no longer file at the Embassy directly. USCIS has to approve the I-130 first, then it's sent to the NVC. Since you filed concurrently, your I-130 has just been sitting there. You would start over.
I think you would be adding an unnecessary layer of complexity to the process. Your wife has Advance Parole. Instead, I would find out how long she may stay outside of the US without that snowballing upon her return at the port of entry. Your office is Newark, NJ. You're likely looking at an interview sometime in January 2019.

Here is a screenshot of someone with PD 08-04-17 who interviewed on 06-27-18. So if my guesstimate math is correct, people who filed in 10-2017 are interviewing in 08-2018. I'd say you have another 4 more months give or take. Remember that Advance Parole is not a visa but simply put, allows you to be let back into the US after traveling abroad. I would think that if her parole is valid for 1 year, then it make sense she has up to a year to seek re-entry. I would not push that far, though. I would certainly want to know specifically how long she can be outside without a problem.

Thank you so much USCFFS for taking time to answer my question and giving me a better understanding. I really appreciate.
before my spouse left the US, we spoke with info pass Officer and she told us "you should be able to stay there for 90 days or such. However, your AP will be good for 1 year." ( Basically she didn't answer clearly so we assumed 90 days)

Question: If she come for an interview, can she left US on AP after completing an interview? without waiting for actual GC (If approved) ? (I will be travelling back and forth)

[UScitizenFilingforspouse]

Thank you so much USCFFS for taking time to answer my question and giving me a better understanding. I really appreciate.
before my spouse left the US, we spoke with info pass Officer and she told us "you should be able to stay there for 90 days or such. However, your AP will be good for 1 year." ( Basically she didn't answer clearly so we assumed 90 days)

Question: If she come for an interview, can she left US on AP after completing an interview? without waiting for actual GC (If approved) ? (I will be travelling back and forth)

You are welcome. By all means, seek a free consultation with an attorney and ask. Again, it's not a visa. It's just basically a VIP pass to ask a CBP officer to let you in.
Your situation is definitely unique. I can't stress enough that you should keep records of all your text messages, trips to France (?), iphone location, receipts, to show that you two are spending plenty of time together even though your wife had to leave for Europe to care for her parents. No Immigration Services Officer should have an issue with that. If you cover their backs, they will cover yours.

Here is an article from a non-USCIS source, though written by a JD. https://www.nolo.com/legal-encyclope...nt-status.html

In theory, it sounds like you could stay outside the US for up to a year - or 1 year minus 1 day - and still have no issue. I would probably do 2 to 3 trips instead, though.

Regarding leaving after the interview, well, shoot for an approval on the spot, and press the issue with the Immigration Services Officer and ask for the I-551 stamp on her passport. Make sure you have a mountain of evidence and everything will be fine.