How do I change from AOS to consular processing based on a pending I-130 by my spouse?
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How do I change from AOS to consular processing based on a pending I-130 by my spouse?
I got married to a U.S. citizen and she filed a petition for me, I-130, I-485, EAD and advanced parole. I prefer to go back home and do consular processing since I can’t wait here and I have studies and business to take care of in my home country. I already did biometrics and made all payments. How can I cancel the i-485 and apply for a visa instead from my country when the petition is approved? What forms do I need to fill and what procedure is necessary?
Asked on December 4, 2018 under Immigration Law, Maryland
Answers:
SB Member California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
I would say this is a bit silly if you've already started the AOS process. You can travel back and forth while AOS is pending as well. If you want to change from AOS to consular, you will have to withdraw the pending AOS applications and wait for everything to be routed through the National Visa Center, which will take several months probably. Then it may take another several months before you complete all the forms and submit all the documents to the NVC and then another few months before an interview is scheduled. In the meantime, if you are outside the US and waiting for the visa interview, you will probably not be able to enter the US as you are no longer a tourist but have immigrant intent. Needless to say you will lose all the money you have already paid for the AOS process and will now have to pay all the consular processing fees.
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