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


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 1 year 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.