File for i-485 or go through Counsular Processing?

[newhandle 0]

While living in the US on a F-1 visa, does it make sense to go through CP to get LPR? I would love to file for AOS, so that I wouldn't have to travel abroad, however, people tell me that filing for i-485 can potentially delay my case. IS that true? Also, after filing for i-485, what would be my status in the country if my f-1 visa is to expire? Would I be regarded as a permanent resident. Would I get work authorization?

Btw, ny priority date is just 2 months away from "current"

Thanks

[payxibka 10,047]

based on what eligibility would you be filing AOS

[newhandle 0]

based on what eligibility would you be filing AOS

"beneficiary living in the US of a qualifying relative", where my dad (got LPR in 06) is my qualifying relative. My priority date is march-06, and the NVC is currently processing cases from jan06. When I called the NVC last week, they told me that its okay to file for AOS because my case is showing under current, even though an actual visa # is unavailable. Even so, I expect a visa number to become available by no later than march of next year.

[payxibka 10,047]

your I-485 would need to be approved before you would be considered a resident.... If you submit your I-485 then also send in the I-765 which when approved provides you work authorization until your greencard is approved

[newhandle 0]

your I-485 would need to be approved before you would be considered a resident.... If you submit your I-485 then also send in the I-765 which when approved provides you work authorization until your greencard is approved

Thanks for the prompt response. Can I also ask you how long it takes USCIS to approve a i-485 application? Should I wait 2 months for my case to become current or go ahead with the filing now?

[payxibka 10,047]

your I-485 would need to be approved before you would be considered a resident.... If you submit your I-485 then also send in the I-765 which when approved provides you work authorization until your greencard is approved

Thanks for the prompt response. Can I also ask you how long it takes USCIS to approve a i-485 application? Should I wait 2 months for my case to become current or go ahead with the filing now?

I think your eligibility needs to be current on the date the application is filed...

[aleful 1,905]

you can't file the ajustment of status packet until your priority date comes current.

[newhandle 0]

make sense, but here comes the confusing part. By the time my case becomes current (march-10, most likely), my F-1 visa is also about to expire. If I file for i-485 in march, what are my choices until my form is approved, to maintain legal status in the country, besides extending my F-1 visa? payxibka already pointed out that I can't be regarded resident without due approval of my 485 filing. Does that mean that I'll have no status in the country whilst I wait for approval by USCIS? (ignoring F-1 extension)

I also plan on filing i-765 so I can get work authorization. I obtained a social security card 2 years ago, but I don't think it's valid for work outside of campus (I'm not sure).

If going the 485 route takes a considerably long time to process, I'll probably stick to the default option of CP.

I'm utterly confused as of now...

Suggestions?

Edit: On USCIS website, they say it's okay to file for i-485, if I am,

"1. Spouse, parent, unmarried son/daughter under age 21 of a U.S. citizen with an approved or concurrently filed Form I-130;

2. Beneficiary of an approved Form I-130 filed by a qualifying relative;

3. Qualifying derivative, family-based beneficiary;"

Edited December 19, 2009 by newhandle

[aleful 1,905]

to adjust in country, your F1 can't expire, you have to be legal at all times. if you can extend your student visa, then yes you can adjust in country.

but you cannot be undocumented or ilegal not even a day.

you can't file for a work permit either. the work permit is part of the adjustment of status packet and it's filed concurrently with the i485. the adjustment of status will take around 6 months and you must stay legal at all times with your F1 to adjust in country or your GC will be denied.

If you feel you can't do that, then leave before your F1 expires and adjust through consular process.

since you do have a valid SS number, on all your paperwork, you have to write the SS. the number given to you is for life. the card changes, the number is forever.

[newhandle 0]

to adjust in country, your F1 can't expire, you have to be legal at all times. if you can extend your student visa, then yes you can adjust in country.

but you cannot be undocumented or ilegal not even a day.

you can't file for a work permit either. the work permit is part of the adjustment of status packet and it's filed concurrently with the i485. the adjustment of status will take around 6 months and you must stay legal at all times with your F1 to adjust in country or your GC will be denied.

If you feel you can't do that, then leave before your F1 expires and adjust through consular process.

since you do have a valid SS number, on all your paperwork, you have to write the SS. the number given to you is for life. the card changes, the number is forever.

@aleful:

I know what you're talking about, but should I even bother with 485 at all? I've heard that CP goes faster, but I'm not sure.

[payxibka 10,047]

Edit: On USCIS website, they say it's okay to file for i-485, if I am,

"1. Spouse, parent, unmarried son/daughter under age 21 of a U.S. citizen with an approved or concurrently filed Form I-130;

2. Beneficiary of an approved Form I-130 filed by a qualifying relative;

3. Qualifying derivative, family-based beneficiary;"

The Spouse, parent, unmarried son/daughter under age 21 of a US citizen with an approved or concurrently filed I-130 IF an IMMEDIATE visa number is available. The highlighted is important for you. You are NOT eligible to apply until such time an immediate visa number is available

[newhandle 0]

thanks for the information. I guess I'll go the CP route if it indeed is the faster way of the two.

[Vijay 0]

Technically, as long as your I-20 is valid even if your F-1 visa expires, you are in status, except that you can't leave the country.

thanks for the information. I guess I'll go the CP route if it indeed is the faster way of the two.