Consular Proc vs Adjustment of Status for F2A

[bgd 2]

We applied I-130 for my spouse with F1 visa under F2A category. Our I-130 was approved recently and our priority date is Sept 2010. Most of posts I saw on internet is the comparisons for IR category so that people in this category can file both I-130 and I-485 (AoS) concurrently. I have two questions.

Q1- What do you say for F2A category?

Apparently, consular processing seems faster for us. Since when our PD becomes current, Adjustment of Status would add another 6 months for processing. But AoS has some other advantages such as employment authorization, advance parole etc. However, becoming Permanent resident sooner is our primary priority. Another parameter is that my spouse will apply for F1 visa renewal soon. Thus,

Q2- If we choose consular processing, is there any risks of F1 visa denial because of pending immigration visa?

[Ma^Kali 0]

Not at all. But depends on co mode.

Not at all. But depends on co mode.

[JimVaPhuong 4,863]

We applied I-130 for my spouse with F1 visa under F2A category. Our I-130 was approved recently and our priority date is Sept 2010. Most of posts I saw on internet is the comparisons for IR category so that people in this category can file both I-130 and I-485 (AoS) concurrently. I have two questions.

Q1- What do you say for F2A category?

Apparently, consular processing seems faster for us. Since when our PD becomes current, Adjustment of Status would add another 6 months for processing. But AoS has some other advantages such as employment authorization, advance parole etc. However, becoming Permanent resident sooner is our primary priority. Another parameter is that my spouse will apply for F1 visa renewal soon. Thus,

Q2- If we choose consular processing, is there any risks of F1 visa denial because of pending immigration visa?

In order to apply for adjustment of status your spouse must be lawfully present in the US, and there must be a visa number immediately available. This means your priority date must be current. This is where AoS for immediate relatives differs substantially from AoS for family preference categories. Immediate relatives don't need to be lawfully present, as long as they entered with inspection, and a visa number is always immediately available for them.

If your spouse is lawfully present in the US when the priority date becomes current then you can file for adjustment of status. Whether this is better than a consular interview is entirely up to you. Adjustment of status costs more than an immigrant visa application, but if there's a long international flight involved in returning to your spouse's home country then the additional cost is moot.

I don't know if having an immigrant visa petition approved affects approval of an F1. This isn't something I've studied.

[Sirach123 2]

I am wondering why the student spouse needs to renew her F1 visa. As long as the spouse maintains her status as student and does not leave the country then she can legally stay in the US. These are the only requirements I know of.

My daughter (f2a child) has the same predicament last year. When her I-130 was approved there was a precondition that she is not eligible for AoS. Rather than contesting that advice I sent her home for consular processing. From what I have read it looks like others are being allowed. I can't understand why the USCIS personnel are selective. I am an LPR , could this be a reason?

I agree it is more expensive to go on consular processing.

This is only for your information rather than an advice.

[bgd 2]

I am wondering why the student spouse needs to renew her F1 visa. As long as the spouse maintains her status as student and does not leave the country then she can legally stay in the US. These are the only requirements I know of.

My daughter (f2a child) has the same predicament last year. When her I-130 was approved there was a precondition that she is not eligible for AoS. Rather than contesting that advice I sent her home for consular processing. From what I have read it looks like others are being allowed. I can't understand why the USCIS personnel are selective. I am an LPR , could this be a reason?

I agree it is more expensive to go on consular processing.

This is only for your information rather than an advice.

Thank you very much for your responses. We are not sure to decide on a strategy yet. Our priority is to renew my spouse's F1 Visa first and then focus on immigration process. It is pretty a painful and discouraging process for F2A applications.

[html354 1]

Thank you very much for your responses. We are not sure to decide on a strategy yet. Our priority is to renew my spouse's F1 Visa first and then focus on immigration process. It is pretty a painful and discouraging process for F2A applications.

I am also pretty much on the same boat as you. I feel AOS is better because if you want to do a Consular Processing, you will have to go back to your home country to do rest of the process. Maintaining the F1 status is the best bet I guess. Because if you leave the country chances are less to get back until the entire process is complete. That means you PD is still far away and in between this time if your spouse wants to enter the US, she might be denied entry due to dual intent(if s/he plans to apply for f1 visa while your f2a process is going on i.e. clash of intent). Eventually it is better to stay together than far away. By the way I didn't get your point on how AOS 6 more months? Can you elaborate?

Again it depends on luck as mentioned by other VJers. But I wouldn't take that chance. I am currently in F1 and my spouse is a LPR. I have been maintaing my f1 status for a long time now.

[bgd 2]

I am also pretty much on the same boat as you. I feel AOS is better because if you want to do a Consular Processing, you will have to go back to your home country to do rest of the process. Maintaining the F1 status is the best bet I guess. Because if you leave the country chances are less to get back until the entire process is complete. That means you PD is still far away and in between this time if your spouse wants to enter the US, she might be denied entry due to dual intent(if s/he plans to apply for f1 visa while your f2a process is going on i.e. clash of intent). Eventually it is better to stay together than far away. By the way I didn't get your point on how AOS 6 more months? Can you elaborate?

Again it depends on luck as mentioned by other VJers. But I wouldn't take that chance. I am currently in F1 and my spouse is a LPR. I have been maintaing my f1 status for a long time now.

By additional 6 months I mean, we are able to start AOS after our PD becomes current which means we have to X months wait until our PD become current and Y months (usually 6 months) for AOS process. On the other hand, in consular case, NVC starts processing as soon as they get our petition and they complete the case in 4 months while we are still waiting for PD become current. Processing is done except for the interview. Therefore, for F2A case, once it is current NVC sets up an interview in a month at the consulate of your home country. Then click!! You are done. That's why, in consular processing, waiting time is usually X months + 1 month.

In summary,

AOS: X months for visa waiting + Y months for AOS

CP: X months for visa waiting + 1 month for interview

[bgd 2]

By additional 6 months I mean, we are able to start AOS after our PD becomes current which means we have to X months wait until our PD become current and Y months (usually 6 months) for AOS process. On the other hand, in consular case, NVC starts processing as soon as they get our petition and they complete the case in 4 months while we are still waiting for PD become current. Processing is done except for the interview. Therefore, for F2A case, once it is current NVC sets up an interview in a month at the consulate of your home country. Then click!! You are done. That's why, in consular processing, waiting time is usually X months + 1 month.

In summary,

AOS: X months for visa waiting + Y months for AOS

CP: X months for visa waiting + 1 month for interview

Actually, 6 months AOS processing time is average. In some USCIS Field Offices, it might take up to a year.

We do not know what to do. My spouse is pursuing her PhD. She has to travel internationally for conferences for her career. Therefore, we absolutely have to renew her F1 visa first while in green card process. Because it is ridiculous that they expect from us to not to leave country for years!

I contacted US Embassy in Ankara and asked this situation. They are evidently uneducated on immigration process in the US. We really need help to renewing F1 visa in immigration process.

[JimVaPhuong 4,863]

Actually, 6 months AOS processing time is average. In some USCIS Field Offices, it might take up to a year.

We do not know what to do. My spouse is pursuing her PhD. She has to travel internationally for conferences for her career. Therefore, we absolutely have to renew her F1 visa first while in green card process. Because it is ridiculous that they expect from us to not to leave country for years!

I contacted US Embassy in Ankara and asked this situation. They are evidently uneducated on immigration process in the US. We really need help to renewing F1 visa in immigration process.

She will be granted a period of authorized stay while the adjustment of status application is pending. She can apply for advance parole at the same time she applies for adjustment of status. Advance parole would allow her to leave the US and return without abandoning her adjustment of status application. An F1 visa will not do this. If she leaves the US without advance parole then she may be able to reenter with a valid F1 visa, but her adjustment of status application will be abandoned. Basically, you just need the F1 to be valid when the adjustment of status application is accepted by USCIS. After that, the pending adjustment of status will grant her lawful presence and you can forget about the F1.

Advance parole is usually approved within a couple of months.

[Sirach123 2]

By additional 6 months I mean, we are able to start AOS after our PD becomes current which means we have to X months wait until our PD become current and Y months (usually 6 months) for AOS process. On the other hand, in consular case, NVC starts processing as soon as they get our petition and they complete the case in 4 months while we are still waiting for PD become current. Processing is done except for the interview. Therefore, for F2A case, once it is current NVC sets up an interview in a month at the consulate of your home country. Then click!! You are done. That's why, in consular processing, waiting time is usually X months + 1 month.

In summary,

AOS: X months for visa waiting + Y months for AOS

CP: X months for visa waiting + 1 month for interview

Your estimate of 1 month wait for interview for CP is not quite accurate. Right now the waiting time is about 12 months.