QUESTION

Should I go with Adjustment of Status or NVC Consular processing

Asked on Sep 10th, 2019 on Immigration - Michigan
More details to this question:
I am on my F1 visa status - OPT Extension and my husband is a green cardholder. He started my green card family-based sponsorship processing by I-130 and when our priority date became current we sent I-485 along with I-130 receipt for Adjustment of status. I gave my biometrics fingerprints for my I-485. But, I got email from NVC asking for Affidavit of Support and IV processing fees saying that I am having my visa case is consular processing. Do I have to pay fees for NVC and go to India for consular processing interview or Do I need to wait for interview letter from Adjustment of status processing as I gave my fingerprints? Which process is the better option and have less processing time?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Just because a visa petition has found its way to the National Visa Center (NVC) does not mean that you must consular process your case. If you decide to stick with the I-485 application, U.S.C.I.S. will call back the I-130 petition from the NVC if it requires the petition for adjudication. As you have already filed for adjustment of status, you may be more comfortable waiting for the notice of interview. In looking at the current processing time chart for the Detroit office (since your state is Michigan), the field office is processing family-based I-485 applications between 7-17.5 months. Consular processing usually takes approximately 6 months from this point. It is up to you as to which processing you prefer. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Oct 10th, 2019 at 6:04 PM

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