AOS longer than NVC/Embassy interview? (split topic)

[whitty2812 12]

Hi

I am in a similar situation to Zittajohn. My wife is a USC and our i-130 has been approved while I am currently visiting.

We really do not want to be separated again, but money is tight for us, especially as I am unable to work while in the US. If I stayed or overstayed I'm not sure how long our money would last. Would AOS take much longer than going down the NVC & Consulate route? We have the NOA2 notice for the approved I-130 now, so just need to know the best course of action.

[Ryan H 3,812]

Post split into separate thread as poster is asking about their own circumstances and not replying to the OP of the other thread.

[milimelo 4,484]

Why don't you search the timelines of people doing AOS from tourist, student, work visa and see how long it takes them for 1. EAD, 2. Interview, 3. GC and then make an informed decision whether it's worth it to start with AOS or is it better to go through consular processing?

[Harpa Timsah 13,258]

If you have an NOA2 then it is faster and cheaper to complete the visa process and interview abroad. If you file AOS now, you will need $1070 and a few hundred dollars for a medical, and the immigrant would not be able to work for 3 months. Subtract the cost of the plane tickets, of course. Good luck.

[whitty2812 12]

If found a Government document that has been quite useful:

http://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

It basically says an AOS application would be processed at my local field office (Atlanta). Their current AOS processing time is roughly 7.5 months. Then there would be the interview on top of that. Its definitely going to be quicker and far cheaper to do consular processing in London. Especially as I can't work here!

Thank you both so much for your advice!

[Nich-Nick 3,354]

If found a Government document that has been quite useful:

http://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

It basically says an AOS application would be processed at my local field office (Atlanta). Their current AOS processing time is roughly 7.5 months. Then there would be the interview on top of that. Its definitely going to be quicker and far cheaper to do consular processing in London. Especially as I can't work here!

Thank you both so much for your advice!

Just so you are clear. You file a separate (and free) application for work authorization (EAD) along with the AOS. It should be approved before 90 days passes. Then you get to work while waiting on the Atlanta office. I think the visa process is the sure and steady way. You have no appeal if something would go wrong with the adjustment from VWP. No guarantees in immigration timelines so calculate the pros and cons and hope you pick the best for yourself.

Visa

$420 (USCIS) I-130 petition

$230 (National Visa Center) Visa fee

$88 (National Visa Center) Affidavit of Support Review fee

£45 ACPO Police certificate

£245 (Knightsbridge Doctors) medical exam

$30 Courier fee if home delivery, $0 to pick up at a depot

$165.00 (USCIS) Immigrant Fee via the Department of State's website - https://ceac.state.gov/IV/Login.aspx

Flight home and back.

AOS

$420 (USCIS) I-130 petition

$$$ shots and medical exam (Civil surgeon)

$1070 (USCIS) AOS/EAD/AP

[whitty2812 12]

Thank you Nich-Nick for all that info, it is so extremely helpful! I do have one question though.

Just so you are clear. You file a separate (and free) application for work authorization (EAD) along with the AOS. It should be approved before 90 days passes. Then you get to work while waiting on the Atlanta office.

Is EAD free for me? I'm unsure as to whether I count as an exception from the $380 filing fee.

[Nich-Nick 3,354]

Thank you Nich-Nick for all that info, it is so extremely helpful! I do have one question though.

Is EAD free for me? I'm unsure as to whether I count as an exception from the $380 filing fee.

When filing and paying for AOS, you get two bonus applications--EAD and AP.

Are you filing for AOS? Yes. (Well maybe)

Then put the other two applications in with it and the fee is waived for those. Buy one, get two free sale.

[whitty2812 12]

Well I'm trying to weigh up the pros and cons of each, like you suggested. Haha. That's good to hear about the sale!

I'm potentially going to file the AOS but still trying to work out the costs of the medical over here. I only have travellers insurance so its going to cost an arm and a leg I'm imagining.

Thank you so much for your help and advice!!!

[Harpa Timsah 13,258]

Well I'm trying to weigh up the pros and cons of each, like you suggested. Haha. That's good to hear about the sale!

I'm potentially going to file the AOS but still trying to work out the costs of the medical over here. I only have travellers insurance so its going to cost an arm and a leg I'm imagining.

Thank you so much for your help and advice!!!

The medical isn't covered by any insurance so you would have to pay out of pocket no matter what. Call and ask around, but try to find one around $200. That cost doesn't include vaccines, though.

[whitty2812 12]

Thanks Harpa, I called around and found one for $150!