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What is the difference between AOS vs NVC filing for EB-5?

Background info: My priority date is Dec, 2015, finished NVC process (fee paid and documents review accomplished) and in queue waiting for visa interview at Guangzhou. Principle petitioner is travelling in US with B visa, spouse stays in China, child is studying in US with F1 visa. Q1: If Principle petitioner and child file AOS (I-485) in US, what will happen to the spouse who is waiting in China. Can the spouse still choose the NVC process? If not, what are the options for the spouse? Q2: Where can I find legitimate data to estimate waiting time after I file I-485, I-765 and I-131? Q3: What is the estimated waiting time for approval of I-485, I-765 and I-131 in case I file them today?

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If someone enters on a B-visa with an intention to file an adjustment, that can result in visa fraud. If someone enters on a B-visa for a legitimate B-visa intention and circumstances change, then after 90 days they may be eligible to adjust. In a case such as yours, it makes sense to finish the case off in Guangzhou. We got so many appointments for Guangzhou so its looks like finally the cases are being scheduled. My guesstimate for a newly filed adjustment is at least 1-2 years and work and travel permits are taking at least one year to process - but accurate times are hard to provide since they change constantly.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It is best to all file at the same location if possible. Otherwise Principal would need to get green card, file the I-824 with the I-485 to have consulate notified of approval and then dependents abroad would start their process - more than doubles the processing times. Once the I-485 is filed and you have a case number, you can check USCIS Case Processing based on the Service Center case number or Field Office closest to your residence if there will be an interview by selecting I-485 and then appropriate location.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    That sounds like a Follow to Join process if the spouse continues at the consulate after the primary adjusts in the U.S. USCIS posts processing times on their website, split by form type and filing location.