Applying For a Green card Visa While Within The U.S.
Adjustment of Status is the procedure used to apply for a green card from within the United States (AOS). Even if your visa expires before your green card is issued, you can use AOS to remain in the country while your application is being processed.
Consular processing, which is used when submitting a green card application from outside the United States, is an alternative to AOS. When you apply for a green card through consular processing, your application will be handled by the American consulate or embassy closest to you. You will remain outside of the country until your application is accepted.
The criteria for receiving a green card are the same for both AOS and consular processing, but they differ in terms of application forms, costs, and durations. Consider carefully which procedure will work best for your particular set of circumstances. AOS may take from a few months up to about three years depending upon the way you use to apply.
AOS Through Marriage
The exact timing for your Adjustment of Status will depend on your circumstances and the length of time it takes to obtain a green card through AOS.
From k1
Currently, it takes 11–20 months for an AOS to process a marriage green card for a U.S. citizen spouse and 11–20 months for a U.S. green card holder spouse. When your K-1 is accepted, it will take 11 to 20 months to receive a marriage green card; however, it may take longer depending on your circumstances.
The simplest way to prevent a delay in your AOS application is to submit all of your documents accurately the first time you do it.
Diversity Visa(DV) Adjustment of Status
You might be qualified to apply for DV-based Adjustment of Status if you are currently in the US. DV-based status adjustment is much superior to consular processing and is more reliable. However, not everyone qualifies, and the procedure is sensitive and difficult.
Depending on your selection number, you will be able to submit a request for a change of status at the start of the fiscal year or later in the year. To find out when you can submit a request for adjustment of status, refer to the most recent priority dates listed in the DOS visa bulletin.
Your AOS must be submitted on time, neither too early nor too late. Your case will be rejected if you file it too early. You also run the danger of not having your case decided by the deadline if you file too late. You must retain your legal status in order to continue to be eligible for an adjustment of status. Once you apply for adjustment of status, you will continue to travel and work legally because of your current legal presence. Your green card won’t come for several months, but in either case, your application must be approved before the fiscal year’s conclusion.
An interview may be scheduled by USCIS. The USCIS officials are directed to expedite all DV Adjustment of Status cases in order to meet the adjudication deadline (September 30), provided that you correctly designate your case as “DV AOS” at the time of filing.
