CP to AOS to CP

[SamSam85 47]

My situation is a bit complicated, hoping someone to provide me w/ some insight.

 

F2A category, marriage, all good. PD 04/2016. Now it is current. I-130 approved July 2016 and moved to NVC. NVC put it on hold until it becomes current. 

Received email from NVC to file on 09/28/2017. However, my wife is on F1 visa, so we went ahead and filed AOS w/ USCIS thinking it to be faster than going the NVC route.

 

It has been 8 months since then, we haven't heard from USCIS, and it seems like a long wait based on our local office waiting time for I-485 interview.

 

My questions::

1- on NVC website, I still can access my wife's case, but I haven't started it since I filed I-485. Is this still valid even after I submitted my I485?

2- Does it make sense to abandon the I485 and go w/ the NVC again? if so, how to do that? I believe I don't have to file I-824 w/ USCIS because NVC already has my wife's case and ready to be started.

3- Say I paid the IV fees and started the application today, how long it will take to get the the interview usually?

[pushbrk 12,884]

27 minutes ago, SamSam85 said:

My situation is a bit complicated, hoping someone to provide me w/ some insight.

 

F2A category, marriage, all good. PD 04/2016. Now it is current. I-130 approved July 2016 and moved to NVC. NVC put it on hold until it becomes current. 

Received email from NVC to file on 09/28/2017. However, my wife is on F1 visa, so we went ahead and filed AOS w/ USCIS thinking it to be faster than going the NVC route.

 

It has been 8 months since then, we haven't heard from USCIS, and it seems like a long wait based on our local office waiting time for I-485 interview.

 

My questions::

1- on NVC website, I still can access my wife's case, but I haven't started it since I filed I-485. Is this still valid even after I submitted my I485?

2- Does it make sense to abandon the I485 and go w/ the NVC again? if so, how to do that? I believe I don't have to file I-824 w/ USCIS because NVC already has my wife's case and ready to be started.

3- Say I paid the IV fees and started the application today, how long it will take to get the the interview usually?

1.  Assuming you included your I-130 case number with your I-485 filing, USCIS can retrieve the I-130 without an I-824

 

2.  No it does NOT make sense to do that.

 

3.  About 4 to 5 months.

 

Note that if you go back to the visa path, you will have wasted the I-485 filing fee.  Also, if she leaves the US without advance parole, she will not get back in until she has the immigrant visa.  Leaving after filing the I-485 voids all other visas.

[SamSam85 47]

1 minute ago, pushbrk said:

1.  Assuming you included your I-130 case number with your I-485 filing, USCIS can retrieve the I-130 without an I-824

 

2.  No it does NOT make sense to do that.

 

3.  About 4 to 5 months.

 

Note that if you go back to the visa path, you will have wasted the I-485 filing fee.  Also, if she leaves the US without advance parole, she will not get back in until she has the immigrant visa.  Leaving after filing the I-485 voids all other visas.

Why it doesnt make sense? According to USCIS processing times, We have to wait 10-27 months for an interview. Further, it has been 8 months and we dont even have an EAD. 

If the visa route takes 4 months, she can spend those 4 months overseas and come back with a green card vs waiting another 12 months for the interview in the US.

[pushbrk 12,884]

1 minute ago, SamSam85 said:

Why it doesnt make sense? According to USCIS processing times, We have to wait 10-27 months for an interview. Further, it has been 8 months and we dont even have an EAD. 

If the visa route takes 4 months, she can spend those 4 months overseas and come back with a green card vs waiting another 12 months for the interview in the US.

You asked for an opinion and...I...gave you MY opinion.  Opinions vary. 

 

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[azblk 338]

19 hours ago, SamSam85 said:

Why it doesnt make sense? According to USCIS processing times, We have to wait 10-27 months for an interview. Further, it has been 8 months and we dont even have an EAD. 

If the visa route takes 4 months, she can spend those 4 months overseas and come back with a green card vs waiting another 12 months for the interview in the US.

If it takes just 4 months. It can be just as slow to do CP as AOS.

[SamSam85 47]

On 6/1/2018 at 7:48 PM, azblk said:

If it takes just 4 months. It can be just as slow to do CP as AOS.

San Antonio office now processign times shows basicaly 12-27months of delay. So far, we have about 8 months into the AOS application, I do not think we will get it in another 4 months based on this processing timeline.

[azblk 338]

1 hour ago, SamSam85 said:

San Antonio office now processign times shows basicaly 12-27months of delay. So far, we have about 8 months into the AOS application, I do not think we will get it in another 4 months based on this processing timeline.

My point is even CP can be very slow. This slow down is a deliberate policy by the Trump administration to slow DOWN legal immigration. Leaving the country to pursue CP after starting with AOS can open another can of worms.

[SamSam85 47]

3 hours ago, azblk said:

My point is even CP can be very slow. This slow down is a deliberate policy by the Trump administration to slow DOWN legal immigration. Leaving the country to pursue CP after starting with AOS can open another can of worms.

I agree w/ you completely, but the wait has been really tough, that is why we're exploring the CP option. We don't even have an EAD. Imagine that, 8 months and no EAD, all we hear is "case under review, you should receive a decision shortly". 

[azblk 338]

8 hours ago, SamSam85 said:

I agree w/ you completely, but the wait has been really tough, that is why we're exploring the CP option. We don't even have an EAD. Imagine that, 8 months and no EAD, all we hear is "case under review, you should receive a decision shortly". 

You have waited for 8 months already. Try involving your congressman 

[A&H2018 146]

OP, I am having exact same debate daily as you. If this is trumps goal, they sure are acheiving it. So don’t get flustered if you are debating this decision. Reality is this wait is ridiculous, for those of us who have other options AOS is no longer at all a faster or smoother process. 

[SamSam85 47]

9 minutes ago, A&H2018 said:

OP, I am having exact same debate daily as you. If this is trumps goal, they sure are acheiving it. So don’t get flustered if you are debating this decision. Reality is this wait is ridiculous, for those of us who have other options AOS is no longer at all a faster or smoother process. 

 

9 minutes ago, A&H2018 said:

OP, I am having exact same debate daily as you. If this is trumps goal, they sure are acheiving it. So don’t get flustered if you are debating this decision. Reality is this wait is ridiculous, for those of us who have other options AOS is no longer at all a faster or smoother process. 

What is your situation?

[A&H2018 146]

Canadian who was in usa with a company visa. When things changed work wise for myself and my wife. We had to decide to go back and do consular processing or stay-in usa and do AOS. Most lawyers we talked to said AOS is easier and faster, the EAD will take 3 months max. Now it seems 6 months is more a reasonable estimate. Also before if you could use ombudsman, make SRs, go to infopass and explain your case. No longer the case, USCIS is basically closed for business and its your job to wait on them. 

 

So not sure what the goal is here, since if someone overstays their visa and works improperly they are forgiven. While those of us who legally plan entire process are getting delayed with no explanation., “just wait”. 

[SamSam85 47]

On 6/4/2018 at 1:09 PM, azblk said:

My point is even CP can be very slow. This slow down is a deliberate policy by the Trump administration to slow DOWN legal immigration. Leaving the country to pursue CP after starting with AOS can open another can of worms.

when we file for AOS, do you know if we need to call NVC and ask them to release the case? or Once filed w/ USCIS, they will call NVC? Our case has been pending for 8 months, and I called NVC, they said they haven't heard back from USCIS. Not sure whats the hold up.

[SamSam85 47]

if we move to AOS from CP, do we have to inform NVC about this change? or it automatically happens.