Spouse of green card holder

[NanaSia 0]

I am a wife of permanent resident. My husband and I got married in august,2010. We filed i130 petition in September, 2010. It got approved at the end of December,2010. Then USCIS transfer our application to NVC. I already submitted DS-3032 form and my petitioner, which is my husband already paid the fee for affidavit of support. I filed the application while I am is USA. I was F1 student. Then I got 1year permit. my visa status will expire on May12, 2011. My question is if my priority date is still not reached until May this year, can I go back to my country? If I have to go back to my country, is it gonna affect the process? are they gonna interview me at us embassy in my country when the visa is available for me? Thank you.

[YuAndDan 153]

Firstly, do you have an I-94 card and what does it say? It is the I-94 that determines when you need to leave the USA not the visa expiration.

Also moving home will not effect the process in any way.

As soon as a number becomes available, they will kick the petition to the next step, requesting foreign documents to be sent to NVC, then interview.

One thing that can change things is if spouse LPR files to become a US Citizen, and naturalizes before priority date comes up for a visa number, can then provide NVC evidence of citizenship, and the case gets a visa number on the spot no waiting.

[milimelo 4,562]

You may have a bit of a wait - there was a retrogression in visa number availability - current PD is 01JAN08 for F2A category, except for Mexico, 01APR05.

Once you're done with your studies it is perfectly ok to return to the home country and wait out the process there. You will do your interview at the US embassy in your home country.