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What is the best for us: Adjustment of Status or Consular Processing
Anonymous14 views4 answers
Hi!
I am a Permanent Resident of US and have applied for family based immigrant visa for my wife. We got approval notice form NVC along with notice for further steps. I have chosen myself as the agent for my wife. But I am confused about the second step. It is about paying fees . My wife is staying in the US legally in F1 status. So I am not sure if I can go for adjustment of status here in US instead for consular processing. If yes, do I have to wait till my case is current? And what do I do regarding paying fees and other steps of collecting and submitting documents to the NVC? What would be the best option for us at this point? The priority date for our case is for the July 7th 2013. Will highly appreciate the response. Thank you.
It is almost always better to adjust status than use consular processing. That is true in your wife's case as long as she has always maintained proper immigration status since the very first entry to the US in any status. You simply tell the NVC she will be adjusting her status and ignore the rest of what NVC sends to you. Assuming her priority date is current or close to it, you apply for adjustment in the month in which it first becomes current.
Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed ·
You decide. This is not a legal question but one of personal preference. When PD becomes current, you will decide. If you want to pursue adjustment, you need to inform NVC that you will be doing so in writing.
If you do not timely respond to NVC's process, they will close the file and all the fees will be lost. AOS cannot be filed yet as priority date is not current.
