AOS or Consular Processing

[issea 43]

Hi everyone, 

It's been a while since I noticed this forum and read topics and useful replies to educate myself about the immigration process. 

I would like to ask friends on VJ your advice about which to do (AOS or CP) based on my case. 

 

Here is my timeline so far:

Category: F2A 

PD: Feb.01.2017

NOA1: Feb.02.2017

 

I was out of the States and in a third country working temporarily (contract is ~ 2 years, so I anticipated that I would go back to my home country for the interview after this job period ends) when I-130 was filed on my behalf, so the meant-to-be way is to go through consular processing to obtain the immigrant visa. However, I recently got an offer in US and will start to work since October 2018. I've started the process of work visa application (H-1B), and hopefully, it will get through smoothly. Nevertheless, provided that I enter the US with an H visa and work since then, which is a better way for me to apply for my green card, i.e., adjustment of status, or consular processing, taking into account that I concern about the date of receiving the green card, namely, I want to get my green card asap? 

 

I am asking so is because for the moment, it seems people who go through consular processing receive their immigrant visas much earlier and the dates for interview are more predictable according to the VB.  Especially for my situation, I cannot do AOS until I enter the US presumably in late September, compared to people who continuously remain in the US and with the similar PD to mine will be able to file for AOS the earliest whenever possible.  And in this scenario, I sort of waste a couple of months, supposing my I-130 would be approved in May or June and I-485 is considered safe to file after an approval of I-130 for those would use chart B to file. Therefore, I consider I'd lose my time punctuality as a result of doing AOS. 

 

On the other hand, I am also aware of the drawbacks for doing consular processing, such as the medical exam, police records and interview outside the US. This is still manageable for me, since I could ask for a short leave to do so in my home country. But the difficult part is the waiting time for the visa issuance after the interview, and it would take around 4 weeks to receive the package. Since there is no way for me to wait this long with holding a job, I would have to immediately return to work after the interview and enter the US with the H visa. I then need go back to my home country some time after the visa package's delivery (the return should be asap, otherwise, I again would lose the punctuality and it'd lose meaning of doing this way other than AOS), and re-enter the US with the immigrant visa then. Here is a question that can I do the interview etc stuff in a third country such as Canada? If so, the consular processing for me is much more appealing. 

 

Overall, this is my dilemma and I hope I've made my statements clear to you. So please share your opinions with me. Many thanks for all in advance.

Edited March 1, 2018 by issea

[issea 43]

It seems no one gets interested and bothers offering “if I were you” thoughts. Any reply is appreciated and it could be something simply like “I will do xxx”. I see some folks are very active, please give some feedback. Thx!

[arken 4,197]

Just a hint: your statement is too long for people to read, that’s y i believe you are not getting responses. It could have been asked just in very shorter form still reflecting the whole sense.

 

Back to your concern:

1. Consular processing: If you think you will be in a third coutry till your interview approaches, you can have your interview scheduled in that country, no need to go to home country just for the interview. May be u need to go to your home country for police certificate.

If you have provided your home country US embassy location for interview in i130 form, you can change that to the third country by contacting NVC once NVC assigns a case number after receiving the approved petition from USCIS.

 

2. AOS: If your H1B is selcted(possibly thru lottery) and approved and you get the visa, it’s up to you if you want to enter US on H1B, be with your spouse sooner and do AOS here once applicable.

[thepanda 87]

Even if you’d receive the green card you would stay with in that job, correct?

In that case I would get the H1B visa and do AOS. If you stay in your job anyway what difference would the green card make? If you come to the US with H1B in the fall, you’ll be with your spouse/family. Otherwise you’ll have to wait until February 2019. 

 

I don’t see the benefit of doing the consular processing. Why leave the country again just to do the interview in your home country? If that’s even possible. 

 

Maybe I missed something but as the previous member says, your text is too long and not clear. I don’t understand your problem. Why do you want the green card asap? 

 

 

[issea 43]

Hi @arken @thepanda, 

Thank you very much for your valuable feedbacks. I really appreciate. 

Because I am becoming indecisive when facing an additional option that one could do either AOS or CP when inside the States. And to me, I concern the starting date of LPR more than other things (for H status will solve the legal stay problem), since I would like to have the option to naturalize early. That is being said, AOS is easier and free of moving back and forth long distance. The only shortcoming is the indefinite date of interview and decision, and it may take one or even two years from the day of filing (correct me if I am wrong). 

 

Thanks again @arken for your hint, I learn the lesson that never information bombard

and @thepanda thank you for your advice too, and as I mentioned above that I want my green card asap is because I think about the eligibility of applying for citizenship afterwards. 

[thepanda 87]

On 3/3/2018 at 6:36 PM, issea said:

Hi @arken @thepanda, 

Thank you very much for your valuable feedbacks. I really appreciate. 

Because I am becoming indecisive when facing an additional option that one could do either AOS or CP when inside the States. And to me, I concern the starting date of LPR more than other things (for H status will solve the legal stay problem), since I would like to have the option to naturalize early. That is being said, AOS is easier and free of moving back and forth long distance. The only shortcoming is the indefinite date of interview and decision, and it may take one or even two years from the day of filing (correct me if I am wrong). 

 

Thanks again @arken for your hint, I learn the lesson that never information bombard

and @thepanda thank you for your advice too, and as I mentioned above that I want my green card asap is because I think about the eligibility of applying for citizenship afterwards. 

I honestly don’t think there a huge difference between AOS or CP. AOS might, I can’t confirm, be a little bit quicker?

if you are able to wait for more than 2 years to get the green card a a couple of months should make no difference to you. Especially if you have to wait 5 years anyways to become US Citizen. 

 

I honestly don’t think that there’s a huge difference in time though and that you shouldn’t waste your energy deciding about AOS or CP. 

My next question would be of course why you want to become US Citizen this quickly and this badly? But I’m not sure if I want to know the answer.

[geowrian 22,337]

CP would likely be at least a little faster to get the green card. AOS, at least at most offices, is taking the better part of a year (once the PD is current). CP, with an already-approved I-130 and a current PD, only takes NVC processing time (a couple/few months) + embassy processing timelines (typically 1-3 months). So maybe 3-6 months?

That said, personally I would do AOS as going through USCIS is simpler than dealing with an embassy, and you have more options to appeal a decision.

Edited March 5, 2018 by geowrian

[Tenreyro 174]

I'm with geowrian, you would have more options with AOS, and even when it is true that AOS for a lot of cases is taking more time than Consular Processing, it could be worthed more your time. However, if you are a filer between Feb and May, 2017 , you could actually get a chance that your AOS could take as long as Consular Processing, estimating with current AOS processing and expected time for those PD to get interviews on CP. You still would have to wait 5 years for the USC, one month wouldnt account too much of a difference.

Edited March 5, 2018 by Tenreyro

[issea 43]

On 3/5/2018 at 6:11 PM, Tenreyro said:

However, if you are a filer between Feb and May, 2017 , you could actually get a chance that your AOS could take as long as Consular Processing, estimating with current AOS processing and expected time for those PD to get interviews on CP. You still would have to wait 5 years for the USC, one month wouldnt account too much of a difference.

Hi @Tenreyro, do you mean for those file between Feb and May 2017, if they do AOS in March according to VB Chart B, they probably will have their interviews about one month later than those who go through CP to have their interviews?  I am a filer on Feb 1st, but I cannot do AOS until I enter the US, which would take place in late September/early October this year, depending on when I could have my H visa stamp.  So if I do AOS by then, am I still going to have the interview roughly the same time as those do AOS this month, or it takes longer by the amount of the month difference between the early filers (in March) and me (in October)? 

 

@geowrian, you said it takes the better part of a year (to get I-485 approved) once the PD is current. Is this in the reference of Chart A, final action dates, or of Chart B, dates of filing? This could help to answer my question above. 

 

@thepanda, thanks again for you suggestion. To your next question, it is fine to answer (don't know if you are really interested in). I just want to have the option earliest if possible, not necessarily have to do it that badly. Because I am the only child and I have the concern whether need apply for the green card for my parents when it is possible. I certainly need to think it through during the waiting time. But it's always better that I will be able to do it earlier when there is a decision made. Just like the saying 'Man proposes, God disposes.' My spouse will be eligible to apply for the citizenship by the end of July. So maybe the 3-year rule applies to me when the time I get my green card.  

 

All in all, I am grateful for all your time and feedbacks. It makes me to lean toward the option of AOS. Thanks a lot again!!! 

[geowrian 22,337]

14 minutes ago, issea said:

@geowrian, you said it takes the better part of a year (to get I-485 approved) once the PD is current. Is this in the reference of Chart A, final action dates, or of Chart B, dates of filing? This could help to answer my question above.

 

The PD becomes current using the final action dates. They cannot adjudicate the application before then, and I doubt they would even start to review it until that date begins (except basic checks to ensure it's a valid filing).

[issea 43]

29 minutes ago, geowrian said:

The PD becomes current using the final action dates. They cannot adjudicate the application before then, and I doubt they would even start to review it until that date begins (except basic checks to ensure it's a valid filing).

Good to know. Thanks very much! So it takes no/little difference when filing I-485 sooner or later as long as the PD is NOT current by the time of filing. This is a good news to my case. Thx