AOS or interview - same outcome.

[emelielindgren 3]

I need help.

I have my interview in Sweden for my spouse visa on March 18th. However we are in the US already getting set up, we were returning to sweden tomorrow, but the kids are now down with the flu.

The cost of adjusting status and changing out tickets are the same, but the headache of flying with two little ones (2 months and 1,5 years) is major so it would be great to be able to stay here as everything we have to go back for is my interview, our dog and some belongings which can all be shipped.

I know I have to start it all over, but Iv allready done all the paperwork, so I just have to print it out.. Do another medical and pay the filing fee..

I can use the I-130 noa 2 I allready have right?

What's the process? How does it work? How long will I have to wait to be a permanent resident. I have to have everything ready to file before April 15 to not risk being out of status as I entered the country on the VWP.

Can someone explain the process to me? Should I get a lawyer or just follow the instruction how to

File the form and be fine?

[Terry J 50]

This is not the typical question I see on VJ. I'll take a stab at this.

You are contemplating changing from consular processing to the AOS route but you are already scheduled for the interview at the Swedish consulate...March 18th? It wouldn't hurt to consult a lawyer regarding this.

I know you said it's a hassle travelling with really young children and I don't doubt that. But with your appointment being in less than 3 weeks I think it's easier to go back to Sweden to do the interview, barring anything unforeseen you'll get the visas fairly quickly, have the time to get your things/pets in order and travel back to the US and it's done!

If you did decide to change course and remain in the US in order to AOS you risk losing more time at this point:

From the time you submit the AOS to greencard issuance it could take 3-6 months barring any hiccups. The plus is that once you have your AP (I-131) you could return to Sweden. It usually takes 60-90 days to get the AP approved. You must not leave the US without the AP in hand.

The AOS is not just the I-485 and getting the medical done which is the I-693. You'd also need to submit the I-131/I-765/G-325A/I-864.

The AOS filing fee is $1070 plus the costs of a new medical done in the US.

Yes you'd attach a copy of the I-130 NOA2 to your AOS package.

They would have to get your I-130 file transferred from the consulate in Sweden and route it back to the USCIS in order to match it up with the AOS.

I would say stick with the embassy interview appt. in Sweden for the sake of time and the fact that you are really near the end of the consular process!

Edited March 3, 2014 by Terry J

[Lynkali 163]

Ugh, I am sorry for your situation! But if I were to give honest advice, I'd still say to stick with your original CR visa and get to that interview -- I don't know if you quite realize how long and involved the AOS process can be, and how much simpler your life would be with the CR-1/IR-1 visa.

If you stay here and file for AOS today, you might not have your green card for an entire year -- there are some filers still waiting that long, yes. At an absolute minimum, it would be 4 months to green card. You would need to file for work authorization and travel permission and wait here in the USA around 3 months without working, without traveling abroad, before your EAD/AP get approved. That means NO trips back to Sweden from now until at least June, possibly even July, or else you won't be allowed back in the country (even on VWP). And no income or job during that time either.

Whereas when you get your CR visa, you come in to the USA fully authorized to work, travel and live as you please. I wouldn't trade it, but as far as I know, the choice IS up to you, I guess. I understand the troubles of flying with sick children, but isn't there SOME way for you to get to Sweden for your interview? That's still 2+ weeks away, surely you can fly by then!

[canusa920 11]

Stick with the interview! AOS is nothing but delays, coming from someone who had to wait over 100 days for my AP to finally arrive...If the interview is 3 weeks away, chances are your kids should be feeling better by then no? If not, it's worth the extra work because AOS is a whole different ball game and it can take up to a year - or so I've researched.

[emelielindgren 3]

I'm on payed maternity leave, so I am okay with loosing some time,, however, I'm not okay with getting deported.. That's what I am extremely worried about, that they'll think I came here with the intentions to stay..

[emelielindgren 3]

This is not the typical question I see on VJ. I'll take a stab at this.

You are contemplating changing from consular processing to the AOS route but you are already scheduled for the interview at the Swedish consulate...March 18th? It wouldn't hurt to consult a lawyer regarding this.

I know you said it's a hassle travelling with really young children and I don't doubt that. But with your appointment being in less than 3 weeks I think it's easier to go back to Sweden to do the interview, barring anything unforeseen you'll get the visas fairly quickly, have the time to get your things/pets in order and travel back to the US and it's done!

If you did decide to change course and remain in the US in order to AOS you risk losing more time at this point:

From the time you submit the AOS to greencard issuance it could take 3-6 months barring any hiccups. The plus is that once you have your AP (I-131) you could return to Sweden. It usually takes 60-90 days to get the AP approved. You must not leave the US without the AP in hand.

The AOS is not just the I-485 and getting the medical done which is the I-693. You'd also need to submit the I-131/I-765/G-325A/I-864.

The AOS filing fee is $1070 plus the costs of a new medical done in the US.

Yes you'd attach a copy of the I-130 NOA2 to your AOS package.

They would have to get your I-130 file transferred from the consulate in Sweden and route it back to the USCIS in order to match it up with the AOS.

I would say stick with the embassy interview appt. in Sweden for the sake of time and the fact that you are really near the end of the consular process!

You seem to know a lot about this, what is the odds of me getting denied and deported? We have two kids together, and can't imagine the impact that would have on our family..

[Lynkali 163]

We've given our opinions pretty unanimously. The choice is yours and if you really are worried about possible side-effects, then you need to talk to a lawyer. I'm not an expert in filing AOS from VWP, I know it's relatively common but does have some small risks, and I wouldn't dare advise you on that front.

All I can repeat is that the AOS process is long and complicated and puts a LOT of restrictions on you that you may find very burdensome. In addition to what was mentioned above (need to file I-485, I-131 and I-765, pay $1070 plus any notary/photo/doctor fees, need to wait minimum 3 months to travel outside the USA or work, need to have medicals and any other documentation and interviews, need to wait 4-12 months for green card) -- you should also take note of some smaller points:

- you won't be able to get a Social Security Number until after your EAD has arrived (3 months), unless by chance you already have one

- without a SSN, it's very difficult to establish credit, bank accounts, pay taxes, and many many other things in the USA

- you won't be able to get a Driver's License or State ID until after your EAD has arrived

- if you have a foreign Driver's License, it may not be valid after you are no longer a "tourist" in the USA, but you still won't be able to get a US driver's license so you may not be able to drive

- you may have issues with health insurance, banks, and many many other places that need to see proof of your legal status in the USA, which you will not have during the first 3 months. Mileage varies, some people don't have major issues in this way, but others have lots of headaches.

- you are in a complete limbo for 3 months during the AOS phase -- you're not illegally present, but you have no proof that normal US businesses will accept, so there's very little you can do except sit at home and wait, wait, wait.

I'm pretty sure I'm forgetting several other annoyances about living under AOS status. It's a limbo period and not fun and I really don't see why you would choose it when you are so close to the end of the line with your CR-1, which is a far far far better document to have.

[Merrytooth 5,748]

You seem to know a lot about this, what is the odds of me getting denied and deported? We have two kids together, and can't imagine the impact that would have on our family..

Chances of you being picked up and deported are pretty low. However, sometimes odd things do happened.

This guy was picked up ICE and got deported.

http://www.visajourney.com/forums/topic/466611-a-husband-has-been-deported-after-overstaying-visa-waiver-programme/page-2

[emelielindgren 3]

Thank you for all the advice.. I have a social, state license, Wells Fargo checking and savings account and health insurance.. This is a tough one.. All the paperwork I need, to be able to file I already have.. So yea, it's another process.. But the only thing I'm worried about is to get denied and sent back without my husband and kids..

[blk 87]

Hi I hope you don't mind me asking do your children hold US passports ? If they do could they not stay here with your husband & you pop back & get the interview sorted.

[Terry J 50]

There is not much more I can say to assuage you. I am familiar with the process because I decided to change from consular processing to AOS for specific reasons that apply to my situation.

I did not have any intent to stay past my two week visit over the Christmas holidays but a couple of things pertinent to my case caused us to make the switch to the AOS. It's a inconvenience for me since the majority of my possessions is back in Canada but AOS was the better course of action for us given everything.

Note that my situation is not a cookie cutter one and I have been represented by an attorney from the very beginning.

If you feel uncertain and you definitely seem worried, then absolutely consult with a lawyer before doing anything. We can only tell you what we think or what we would do if we were you. We cannot guarantee you the outcome.

Let us know what you decide to do

[emelielindgren 3]

Hi I hope you don't mind me asking do your children hold US passports ? If they do could they not stay here with your husband & you pop back & get the interview sorted.

Yes they are dual citizens so they wouldn't have to go back for any other reasons than my maternal ones.. I'm scared to go to my interview and get AP for any reason and be away from my kids for god knows how long,, 2 month baby is breastfed which is very important to me.,

[blk 87]

Yes they are dual citizens so they wouldn't have to go back for any other reasons than my maternal ones.. I'm scared to go to my interview and get AP for any reason and be away from my kids for god knows how long,, 2 month baby is breastfed which is very important to me.,

I can understand what you mean the only thing you can do is what you feel is best for you & your family, you still have time to sort you head out. I wish you luck with your journey.

Brian

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[EM_Vandaveer 2,408]

Intent ALONE is not a reason to deny AOS.