i485 or DS-230 route?

[Jerry Dotseth]

It took a few years, but I got my Naturalized. Due to a few issues, we were unable to get her daughter done at the same time, and we're working on that now.

Over the summer we got everything ready for her I-130 and I-485, but cash was short and we only sent the former up. My daughter is on a 10 year visit visa and I'm currently working as a contractor for the US government in Kuwait. We wanted to go the I-485 route because the embassy here is pretty bad. We hoped the 130 would be approved by Christmas break and we could file the I-485 with 131 and wait it out until her green card is ready.

Two months too late, we've just received her 797 approving the 130. Based on what I've looked at, it will probably be both cheaper and faster to go through the embassy (even if it will be a painful process), but I want to ask here for a second opinion and clarify some questions.

Since I'm working under military orders, can I apply for the I-485 from abroad? Time here counted for my wife's N400, but not when we tried an N600K for her daughter.

Can I still use the sealed I-693 in lieu of another physical with an approved physician if I take the consulate approach?

Can my daughter travel to the US on her visit visa if this immigrant visa is not approved by this summer?

Besides the rude embassy personnel, I was avoiding the consular route because I didn't want a conditional green card first. That's only for wives, though, right? and I was just being dumb?

If I get the visa and stamp into the US, is that enough to file for an N600, or do I wait for her physical green card?

[Jerry Dotseth]

If nobody has any input, I'll just go with my instinct and send up the I-824 and hope the embassy is a little faster. None of the 'benefits' of an I-485 really apply to a 12 year old girl, anyways.

I do still need to know if she can travel on her B1/2 visa while the immigrant visa is processing and if the I-693 will be valid at the embassy.

[inadmissible]

She can travel to the US as a bona fide non-immigrant using her B-2 visa while her immigrant visa is being processed. She can use that visa for temporary visits, but she can not use that visa with the intention of applying for adjustment of status after arriving in the US

Yes, conditional permanent residence is only for certain spouses

[newacct]

It took a few years, but I got my Naturalized. Due to a few issues, we were unable to get her daughter done at the same time, and we're working on that now.

Over the summer we got everything ready for her I-130 and I-485, but cash was short and we only sent the former up. My daughter is on a 10 year visit visa and I'm currently working as a contractor for the US government in Kuwait. We wanted to go the I-485 route because the embassy here is pretty bad. We hoped the 130 would be approved by Christmas break and we could file the I-485 with 131 and wait it out until her green card is ready.

Two months too late, we've just received her 797 approving the 130. Based on what I've looked at, it will probably be both cheaper and faster to go through the embassy (even if it will be a painful process), but I want to ask here for a second opinion and clarify some questions.

Since I'm working under military orders, can I apply for the I-485 from abroad? Time here counted for my wife's N400, but not when we tried an N600K for her daughter.

Can I still use the sealed I-693 in lieu of another physical with an approved physician if I take the consulate approach?

Can my daughter travel to the US on her visit visa if this immigrant visa is not approved by this summer?

Besides the rude embassy personnel, I was avoiding the consular route because I didn't want a conditional green card first. That's only for wives, though, right? and I was just being dumb?

If I get the visa and stamp into the US, is that enough to file for an N600, or do I wait for her physical green card?

Did you indicate on the I-130 that the immigrant would do AOS or Consular Processing? If it indicated AOS, then the approved petition is staying at USCIS, and filing I-824 to move it to NVC is expensive and slow.

The daughter can file I-485 if she's in the US. The petitioner (is this you or your wife?) has to be domiciled in the US, or reestablish domicile no later than when the daughter becomes a permanent resident.

If your wife is petitioning her daughter, the daughter will become a non-conditional permanent resident. If you are petitioning your wife's daughter, and it's not your daughter (i.e. it's your step-daughter), then she will become a conditional permanent resident if you and your wife have been married for less than 2 years at the time that the step-daughter becomes a permanent resident; otherwise she will become a non-conditional permanent resident. This is true no matter if she goes through AOS or Consular Processing.

I don't know if a medical done by a US civil surgeon can be used for an immigrant visa application.

She can try to enter as a visitor while an immigrant visa is processing abroad, but, like all visitors, there is risk she will be denied entry if she cannot convince the officer she does not intend to immigrate while here.

If she goes through Consular Processing and enters the US with the immigrant visa, she immediately becomes a permanent resident, and if she is in the US with a biological parent who's a US citizen (i.e. if your wife is a US citizen, or if it's your daughter and you're a US citizen), and she's under 18, she also immediately becomes a US citizen. Her immigrant visa, stamped upon entry, turns into an I-551, i.e. proof of permanent residency, for one year from the date of entry. If she automatically became a US citizen, this immigrant visa, stamped upon entry, plus the parent's proof of citizenship, can be used to immediately apply for a US passport or to apply for a Certificate of Citizenship with N-600. In my opinion, filing N-600 to apply for a Certificate of Citizenship is a big waste of time and money (it costs $1170). A US passport serves to prove citizenship in all the same ways, and is much cheaper and faster to get.

[Jerry Dotseth]

Did you indicate on the I-130 that the immigrant would do AOS or Consular Processing? If it indicated AOS, then the approved petition is staying at USCIS, and filing I-824 to move it to NVC is expensive and slow.

We did indicate she would be doing the AOS, but it doesn't seem like the best route at this time. They're currently processing Feb 2017 applications and the earliest we'll be stateside to submit it is June. I know the I-824 takes extra time and money, but I think total time and money is less. I-864 ($465) + DS-260 ($230+88) = 738, the I-485 is $1140.

So even if it takes a year through the embassy (probably more like four months) and an extra 4-6 months for the I-824 to transfer to NVC and embassy, we're still looking at about the same timeframe and savings of $400.


If she needs to get another physical, I hope they can at least transfer the shot records. Poor girl had to take six vaccines last summer.

Thank you for all the input. Consular seemed like the best path forward for us, but we also didn't want to miss my sister and niece's graduation this summer.

[newacct]

I-864 ($465) + DS-260 ($230+88) = 738

It's actually $325 immigrant visa application fee, $120 Affidavit of Support fee, and $220 USCIS immigrant fee before they will send you a green card, for $665 for consular processing normally. If you add this to the $465 for I-824, that's $1130.