Q: Marriage based Green Card: Adjustment of Status or Consular Processing?
Hi, I am currently on an H1B visa and I recently got married to a US citizen. We are in the process of filling out forms I-130 and I-130A. I also recently got accepted into a Master program in Europe and will be leaving the States in September. Should we be filling out the paperwork for an adjustment of status since I am currently in the US or should we go the NVC route since I will be leaving the States?
A: Adjustment of Status requires you to have your biometrics (fingerprints & photo) taken IN the USA and you cannot leave the US before a decision is reached on your application UNLESS you are granted Advanced Parole. It is highly unlikely that you would be able to have your biometrics appointment and get Advanced Parole before September. As such, you should pursue Consular Processing. Best wishes!
Jae Min Lee agrees with this answer
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