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December 6, 2010: Adjustment of Status vs. Consular Processing

Adjustment of Status vs. Consular Processing

I recently sent in my Adjustment of Status Application. How long does it take for all the documents to be sent to the U.S. Embassy overseas? I am the petitioner for my husband and I sent the AOS along with my husband’s required documentation to the National Visa Center in NH.

I just wanted to know how long will they stay in NH? How long after they send them to the embassy will my husband get an appointment for his interview? Thank you very much. I have been dealing with this since October of 2008!
— Anonymous

Adjustment of Status applications are filed with the USCIS lockbox in Chicago, not the National Visa Center. The lockbox people will then direct the application to the appropriate service center for adjudication or referral to a local office for interview.

Since your spouse is outside the USA, he is not eligible to file an Adjustment of Status application. Therefore, I am going to presume that the documents you sent to the NVC relate to his immigrant visa appointment. If that is the case, then you are on the right track. Follow the instructions for the affidavit of support, and other documentary requirements. Once those requirements have been met, the processing time for scheduling an initial immigrant visa interview at the consular post will be short.

You are best advised to retain the services of an immigration lawyer to review all of your husband’s case before the interview to give your husband the best chance of success on his appointment day.

Michael Shane and Evan Shane, Immigration Lawyers

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