I-130 pending but received NVC for wife (F1), next steps?

[xulakolof 0]

I'm a green card holder and we got married a year and a half ago and we filed an I-130.  Our priority date is Aug 2016 which isn't current yet.  We understand she can't leave the country as she might have trouble re-entering given the I-130 petition.  We received an NVC letter a few months ago to schedule an appointment in her home country although she resides here.  I believe the next steps are to wait until the priority date becomes current (~6 months or so) and then file an I-485 AOS to switch out of the F-1 visa at which time she won't have to go to school anymore?  We are filing everything on our own but did get mixed information on her leaving the country: 1) not to leave the country because she might have trouble coming back in 2) she can go to her home country and do the NVC which will substantially shorten the AOS and green card wait times.  I'm suspect about the second piece of information, and my gut feeling is that it's best for her to stay here and continue to go to school under the F1 until AOS is complete?  If someone can please advise on the best way forward it would help alleviate a lot of concern.

 

If she stays here, is the next step to wait until the priority date is current then immediately file for I-485 for AOS?  What about the green card application for her?  How long does AOS take so once priority date is current so she is safely able to leave the country and return?  How long does it generally take for the green card to come afterwards?  She is feeling a bit homesick and does wish she could leave to see her family.

[geowrian 22,337]

She may or may not be permitted back into the US due to immigrant intent, but that always applies. Either way, she can't come back with intent to file for AOS...that is clear fraud. She can do it since she's already here, but once she leaves, she can't come back with intent to file for it. She would need to complete visa processing abroad instead.

 

Once she properly files for AOS, she will have authorized stay even if the conditions of her F-1 status are broken. There is a risk involved - if the I-485 is denied for any reason, she will be out of status and no longer eligible to refile (since overstay is not ignored for the spouse of an LPR).

 

The I-485 to AOS is, in common terms, the green card application. Upon approval of AOS, she will be granted LPR status and the green card will arrive in the mail shortly afterwards. AOS can take 4-12+ months depending on the case and USCIS field office, with most being in the ~8-10 month timeframe. if she leaves the US after filing for AOS, the AOS will be deemed abandoned and she likely will not be permitted back into the US without an immigrant (or dual-intent) visa. The exception is if she has received AP (or the green card) before she leaves. You should file for AP (and an EAD) at the same time as AOS. ETA: ~4 months for those.

[xulakolof 0]

Thanks for your reply and it makes sense.

 

Since we have 6 months or so until our priority date becomes current, would it perhaps be better for her to go back to her country and do the NVC? I don't know if our NVC application has expired yet.  I read it is much faster that way compared to waiting for priority date and going through AOS? Can you explain how that would work?

 

Thanks!