Family based GC - conselor processing vs Adjustment of status

[Pele1971]

Hi there,

A quick question - should I use the conselor process or the adjustment status proces under the following circumstances:

1. Goal is to obtain my GC as fast as possible.
2. Our family currently live in Denmark, but we will move to the USA december 2012 - thus, only 4 months left in Denmark before departure.
3. I use family based as I'm married to a US citizen.

The reason for my question is, that I'm affraid that it will do more harm to my process, if I apply in Denmark by conselor process, but move to the USA before I'm provided the GC.

Kind regards,
Pele1971

[kevinkallis]

If you are applying based on marriage to a US citizen, your spouse has to file Form I-130 first. If you will apply after coming to the US, you have to file Form I-130 and I-485

[ssuarez82]

Family based GC - conselor processing vs Adjustment of status

Its actually illegal to enter the US while having a pending I-130 with the intent to stay there. US customs will refuse you entry. If you go by way of consulate process you must stay in Denmark until your case is over. Or go to US before you file them file your petition and adjustment of status.