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Offline Reignizar  
#1 Posted : Thursday, July 25, 2013 6:20:42 PM(UTC)
Reignizar

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Joined: 7/24/2013(UTC)
Posts: 1
United States

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I am the petitioner(husband) and my wife is still in the Philippines.
I live in California, but...
I found a job here in Guam. I am currently working here.

Do I have to go back in California to file I-485 or I can file I-485 at the USCIS office here in Guam?
Am I inside or outside US since Guam is only a US territory?

I-485 applications (or consular processing interviews) is only possible when visa bulletin is after your PD or date is "Current"

For example, my wife PD is 17AUG2012 and the date today is SEPT 1, 2013.... this means visa bulletin is after my wife's PD or date is "Current".
Am I eligible to file I-485 Application(or consular processing interview) while my wife I-130 is still pending? And she's still residing in the Philippines.

Once it is after your PD(my wife PD)or you are current, you can file the I-485 application if you are inside US.

Who should be inside US? I, as the petitioner(husband) or my wife which is the applicant?
Since I'm here in GUAM..

If you live outside US, you will have to wait for I-130 to be approved. Once that is approved by USCIS office, NVC will set up the interview.

Which one is faster? Wait for my wife I-130 to be approved or file an I-485 Application(or consular processing interview) at the USCIS office here in Guam?
If I file I-485... will she get her NOA2 sooner rather than waiting for the approval of her I-130?


Thanks Amazon

Offline Amazon  
#2 Posted : Thursday, July 25, 2013 6:32:44 PM(UTC)
Amazon

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Originally Posted by: Reignizar Go to Quoted Post

Do I have to go back in California to file I-485 or I can file I-485 at the USCIS office here in Guam?
Am I inside or outside US since Guam is only a US territory?

For example, my wife PD is 17AUG2012 and the date today is SEPT 1, 2013.... this means visa bulletin is after my wife's PD or date is "Current".
Am I eligible to file I-485 Application(or consular processing interview) while my wife I-130 is still pending? And she's still residing in the Philippines.


Who should be inside US? I, as the petitioner(husband) or my wife which is the applicant?
Since I'm here in GUAM..



If the applicant is outside US, she can only go for consular processing. It does not matter where the petitioner is located. Since she is outside US, you cannot file I-485 application.

Quote:

If you live outside US, you will have to wait for I-130 to be approved. Once that is approved by USCIS office, NVC will set up the interview.

Which one is faster? Wait for my wife I-130 to be approved or file an I-485 Application(or consular processing interview) at the USCIS office here in Guam?
If I file I-485... will she get her NOA2 sooner rather than waiting for the approval of her I-130?




You do not have a choice. She has to go for consular processing. If she was inside US, you can decide either file I-485 or go for consular processing.
Please remember to add your case to the GC tracker: http://www.mygcvisa.com/tracker
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