AOS vs. Consular Processing

[sqtb 0]

I was wondering if there are any significant advantages for AOS or Consular Processing (continuing with CR-1). My District Office (San Jose, CA) is running about 8 months behind for AOS.

However, I expect the CR-1 for my wife to be done in the next few months based on my timeline. She has her K-3 interview in a few weeks. I'm just trying to figure out if I should do AOS once she enters the US. I'm leaning towards Consular Processing for CR-1 just because of the time saved.

But I wanted to know if there's more chance of getting hassled (or even rejected!) for one process versus the other.

Thanks!

[aussiewench 9]

But I wanted to know if there's more chance of getting hassled (or even rejected!) for one process versus the other.

If one is eligible, one is eligible, no matter which way you go....they are both for permanent resident status.

[meauxna 15]

She can wait at home for the CR interview.

She can come to the US on the K-3 & AOS.

She can come to the US on the K-3 and return home for the CR interview.

The main difference is the $$ for travel *back* for the CR interview. If that amount is worth 8 months to you, there is your answer. Factor in the un-factorable of a visit home.

[hampster 0]

My Wife Cheryl (NorthernGirl) and I thought about doing both,

but decided together to wait for the CR,Visa.

I would be remiss to try to get there sooner( my god i love and miss her and want to be with her)

As I would want my working visa in hand when i entered the U.S.A

I just got out of surgery today for Carpel Tunnel Syndrome.

Present in both hands, had right hand operated on this morning,

and will have to wait another 6-10 weeks till my left hand is operated on.

I want to be fit for medical.. when it is time to have consulate medical.

As last thing i would want to do is to be a Drain on her finaces as well as mine.

I love her and would do anything for her.

My Point being is that i would like to work asap when i arrive so we,

can get a bigger place,just her and i, and her cat lol.

Hoping to be with her by our bithdays (1st week in November) but realistically,

it will prolly be close to Valentines Day 2007

So to all those couples ready to cross the "Big Puddle" to be with your loved ones,

Congratulations and best wishes for you and your loved ones.

p.s Lorelle , what's the countdown clock down to now,

before you cross the "Big Puddle", to be with yuor beloved husband?

Cheers

Paul B)

She can wait at home for the CR interview.

She can come to the US on the K-3 & AOS.

She can come to the US on the K-3 and return home for the CR interview.

The main difference is the $$ for travel *back* for the CR interview. If that amount is worth 8 months to you, there is your answer. Factor in the un-factorable of a visit home.

[sqtb 0]

What happens in this case:

1. My wife gets her K-3.

2. I finish up with the NVC for the CR-1 and NVC sends the file to the Embassy.

3. My wife enters the US on her K-3 and I file for AOS.

Will I be in trouble, since NVC would have sent the file to Embassy thinking that I'm doing Consular Processing, but USCIS will want the file here thinking that I'm doing AOS.

The Embassy in Islamabad is currently running ~4 months behind for CR-1 interviews. Therefore, ideally, I would like to do both AOS and Consular Processing and go with whichever one happens first (the AOS interview or the Consular interview).

But I don't think that's possible to do. Is it? Comments / Suggestions?

Thanks!

She can wait at home for the CR interview.

She can come to the US on the K-3 & AOS.

She can come to the US on the K-3 and return home for the CR interview.

The main difference is the $$ for travel *back* for the CR interview. If that amount is worth 8 months to you, there is your answer. Factor in the un-factorable of a visit home.

[Eva Malahova 0]

What happens in this case:

1. My wife gets her K-3.

2. I finish up with the NVC for the CR-1 and NVC sends the file to the Embassy.

3. My wife enters the US on her K-3 and I file for AOS.

Will I be in trouble, since NVC would have sent the file to Embassy thinking that I'm doing Consular Processing, but USCIS will want the file here thinking that I'm doing AOS.

The Embassy in Islamabad is currently running ~4 months behind for CR-1 interviews. Therefore, ideally, I would like to do both AOS and Consular Processing and go with whichever one happens first (the AOS interview or the Consular interview).

But I don't think that's possible to do. Is it? Comments / Suggestions?

Thanks!

Wait for whichever visa gets approved first. If it is K3 and you pass the interview, you can just call Embassy and let them know that you want to file for AOS in US now that you got K3 visa. I believe, that's how many people here on VJ have done it from previous posts.

[zyggy 9]

What happens in this case:

1. My wife gets her K-3.

2. I finish up with the NVC for the CR-1 and NVC sends the file to the Embassy.

3. My wife enters the US on her K-3 and I file for AOS.

Will I be in trouble, since NVC would have sent the file to Embassy thinking that I'm doing Consular Processing, but USCIS will want the file here thinking that I'm doing AOS.

The Embassy in Islamabad is currently running ~4 months behind for CR-1 interviews. Therefore, ideally, I would like to do both AOS and Consular Processing and go with whichever one happens first (the AOS interview or the Consular interview).

But I don't think that's possible to do. Is it? Comments / Suggestions?

Thanks!

She can wait at home for the CR interview.

She can come to the US on the K-3 & AOS.

She can come to the US on the K-3 and return home for the CR interview.

The main difference is the $$ for travel *back* for the CR interview. If that amount is worth 8 months to you, there is your answer. Factor in the un-factorable of a visit home.

Sorry.. you have to choose one or the other.. you cannot do both... Once you file for AOS in the US, the USCIS will request your approved I-130 petition from the NVC. The NVC won't release the I-130 once you've chosen to begin consular processing by paying the IV fee.

Edited July 7, 2006 by zyggy

[meauxna 15]

What happens in this case:

1. My wife gets her K-3.

2. I finish up with the NVC for the CR-1 and NVC sends the file to the Embassy.

3. My wife enters the US on her K-3 and I file for AOS.

Will I be in trouble, since NVC would have sent the file to Embassy thinking that I'm doing Consular Processing, but USCIS will want the file here thinking that I'm doing AOS.

The Embassy in Islamabad is currently running ~4 months behind for CR-1 interviews. Therefore, ideally, I would like to do both AOS and Consular Processing and go with whichever one happens first (the AOS interview or the Consular interview).

But I don't think that's possible to do. Is it? Comments / Suggestions?

Thanks!

I'm with zyggy--don't think you can do that. You have to get in one line or the other at some point. Both lines require the same ticket---the I-130, and it can't be in 2 places at the same time.

The one piece I don't see here is how long does your DO take? For example, mine only takes about 6 months or less for AOS---a great wait in my opinion, that would preclude returning home for the IV. Atlanta on the other hand, takes up to 3 years for AOS---a line I don't want to be in. Check that out too, and remember that getting her here is the most important for you, and NOT getting stuck in I-bad. Considering the country etc.. AOS doesn't look like such a bad option unless you are Atlanta or most of Florida.

Weigh it out, there is no deaadline today.

[sqtb 0]

I actually had that in my original post. My DO is taking ~8 months according to the USCIS Processing Dates. So the difference between Embassy and DO is 4 months.

However, knowing how randomly this works, it could be more or less, which is why I wanted to try both options. Since that's not possible (as I had guessed), I will need to think about this some more... :-)

I'm with zyggy--don't think you can do that. You have to get in one line or the other at some point. Both lines require the same ticket---the I-130, and it can't be in 2 places at the same time.

The one piece I don't see here is how long does your DO take? For example, mine only takes about 6 months or less for AOS---a great wait in my opinion, that would preclude returning home for the IV. Atlanta on the other hand, takes up to 3 years for AOS---a line I don't want to be in. Check that out too, and remember that getting her here is the most important for you, and NOT getting stuck in I-bad. Considering the country etc.. AOS doesn't look like such a bad option unless you are Atlanta or most of Florida.

Weigh it out, there is no deaadline today.

[tshah 0]

I actually had that in my original post. My DO is taking ~8 months according to the USCIS Processing Dates. So the difference between Embassy and DO is 4 months.

However, knowing how randomly this works, it could be more or less, which is why I wanted to try both options. Since that's not possible (as I had guessed), I will need to think about this some more... :-)

I'm with zyggy--don't think you can do that. You have to get in one line or the other at some point. Both lines require the same ticket---the I-130, and it can't be in 2 places at the same time.

The one piece I don't see here is how long does your DO take? For example, mine only takes about 6 months or less for AOS---a great wait in my opinion, that would preclude returning home for the IV. Atlanta on the other hand, takes up to 3 years for AOS---a line I don't want to be in. Check that out too, and remember that getting her here is the most important for you, and NOT getting stuck in I-bad. Considering the country etc.. AOS doesn't look like such a bad option unless you are Atlanta or most of Florida.

Weigh it out, there is no deaadline today.

I have the same situation. What is DO?

[meauxna 15]

Oops, sorry sqtb---glossed right past that. It sounds like you have all the info and know what to do with it & you're just down to deciding.

I have the same situation. What is DO?

tshah, DO=District Office also sometimes called Local Office. You can find yours by looking at usics.gov (link to a map on the left margin) Check the I-485 processing date for your DO to see how long AOS takes (aprox!).

[aussiewench 9]

What happens in this case:

1. My wife gets her K-3.

2. I finish up with the NVC for the CR-1 and NVC sends the file to the Embassy.

3. My wife enters the US on her K-3 and I file for AOS.

Will I be in trouble, since NVC would have sent the file to Embassy thinking that I'm doing Consular Processing, but USCIS will want the file here thinking that I'm doing AOS.

The Embassy in Islamabad is currently running ~4 months behind for CR-1 interviews. Therefore, ideally, I would like to do both AOS and Consular Processing and go with whichever one happens first (the AOS interview or the Consular interview).

But I don't think that's possible to do. Is it? Comments / Suggestions?

Thanks!

I'm with zyggy--don't think you can do that. You have to get in one line or the other at some point. Both lines require the same ticket---the I-130, and it can't be in 2 places at the same time.

The one piece I don't see here is how long does your DO take? For example, mine only takes about 6 months or less for AOS---a great wait in my opinion, that would preclude returning home for the IV. Atlanta on the other hand, takes up to 3 years for AOS---a line I don't want to be in. Check that out too, and remember that getting her here is the most important for you, and NOT getting stuck in I-bad. Considering the country etc.. AOS doesn't look like such a bad option unless you are Atlanta or most of Florida.

Weigh it out, there is no deaadline today.

This will be interesting as I can think of one member who is doing exactly that....CR-1 interview scheduled but adjusting status in the US from a K-3 instead.

[sqtb 0]

ah...but my CR-1 interview isn't scheduled yet. I'm hanging on the DS-230 and haven't sent it to NVC yet, because I guess that once they do Case Complete and send the file to Embassy, then it might be too late to file for AOS. (Everything else is already done at NVC, only DS-230 left.)

Can you tell me who this member is? Or can the member please message me! :-)

Thanks!

This will be interesting as I can think of one member who is doing exactly that....CR-1 interview scheduled but adjusting status in the US from a K-3 instead.

[aussiewench 9]

ah...but my CR-1 interview isn't scheduled yet. I'm hanging on the DS-230 and haven't sent it to NVC yet, because I guess that once they do Case Complete and send the file to Embassy, then it might be too late to file for AOS. (Everything else is already done at NVC, only DS-230 left.)

Can you tell me who this member is? Or can the member please message me! :-)

Thanks!

This will be interesting as I can think of one member who is doing exactly that....CR-1 interview scheduled but adjusting status in the US from a K-3 instead.

The member is Classic. You can do a member search for the profile and posts.