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mzu

Will relocation shorten GC time for USC spouse AOS?

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Filed: Citizen (apr) Country: Russia
Timeline

Please help understand if relocation will shorten adjustment of status procedure for us.

Situation:

K&M. 

K entered on B-1 visa 11/30/2021, Authorized stay until 5/29/2022

M is USC
K&M got married 5/8/2022 in good faith.
I-130/I-485/I-131/I-765 filed concurrently, receipt dated 5/27/2022
EAD received 7/13/2022
 

We specified San Francisco, CA as an office where we will go for an interview.

Timeline for I-130 for the California Service Center was 10.5 months, I-485 for San Francisco was 29.5 months.

Question 1:
- What processing time applies to us? I-130 or I-485? Or something in between?

 

Question 2:

What if M finds another job in San Diego, and M&K move to San Diego. Processing time for I-485 in San Diego is 13 months.

2.A. Will the case be transferred to San Diego office?
2.B. If it is transferred, will the 13 months time be counted from receipt date or from submission date?
2.C. Any additional complications we are not aware of?


Question 3:
M is able to get a position in his current company which would require 3 weeks in SD/ 1 weeks in SF per month. Obviously, the main place of living is SD. M&K move to San Diego, M will travel.

2.A. Will the case be transferred to San Diego office?
2.B. If it is transferred, will the 13 months time be counted from receipt date or from submission date?
2.C. Any additional complications we are not aware of?

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When/if you move, make sure to complete both AR-11 (beneficiary completes online - confirmation online) AND I-865 (petitioner/sponsor does hard copy mailed in - you will get a receipt notice in mail). 

 

No one can tell you what's going to work. You can look up USCIS office locators for your old/new zip code. That will tell you if the case will change offices - most likely given the distance from SD and SF (for example it didn't for me in Chicago field office). 

ROC 2009
Naturalization 2010

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Filed: Citizen (apr) Country: Russia
Timeline

@milimeloThank you for the prompt reply.

The main question remains if they will count 13 months from the day we relocate, or from the day the petition is filed?
Job searching may take a while until the right fit is found.

 

My understanding that they have to complete a number of background checks centrally, and then transfer the case to the local office. Completion of background checks roughly corresponds with approval for AP. So, if the move happens before AP approval, then the time to GC keeps counting without interruption. If the move, and therefore the transfer happens after AP approval, the case is most likely already in the local office and there might be some delay involved.
Is my understanding correct?

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15 minutes ago, mzu said:

@milimeloThank you for the prompt reply.

The main question remains if they will count 13 months from the day we relocate, or from the day the petition is filed?
Job searching may take a while until the right fit is found.

 

My understanding that they have to complete a number of background checks centrally, and then transfer the case to the local office. Completion of background checks roughly corresponds with approval for AP. So, if the move happens before AP approval, then the time to GC keeps counting without interruption. If the move, and therefore the transfer happens after AP approval, the case is most likely already in the local office and there might be some delay involved.
Is my understanding correct?

Did you try calling up USCIS line and asking them? I'd imagine priority date wouldn't change - you filed when you filed. Just a matter of what field office does when they have your file - FIFO - first in first out or PD based. 

ROC 2009
Naturalization 2010

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