Consular Processing vs AOS

D

diraviam

Registered Users (C)
I am sure this question has been asked many a times in this forum. Here is my situation.

My LC has just been cleared. I was informed by my Para-Legal.
She then wanted me to make a decision on whether CP or AOS for the next stage of GC.

I am in the 4th year of H1B and a Canadian Citizen. My wife is an Indian Citizen. We have a 2 1/2 year old and our second child is due in Nov. My wife would like to work after the kids if she can.

Is it better to go for CP in Montreal or do the AOS at Texas Service Centre while in the US?

As I understand it from my para-legal the difference in timeing between both the process would be about 5-6 months given the current processing timings.

With AOS.

1. It can be done with the US
2. I-140 and I-485 can be applied at the same time
3. My wife can go to work early.
4. She can get her social security sooner
5. I can get my EAD if needed and AP.

With CP:

1. I-140 will have to be applied for and approved
2. My wife cannot work till the entire process is completed
3. Will have to attend interview in Montral in a short-notices
4. EAD cannot be applied for till the entire processes is completed.

Given these scenarios, if the difference between CP and AOS is only 5 months, would it be better to go the safer route of AOS with the other advantages of spouse work and EAD.

I am looking for suggestions and ideas and any other info that will help me with the decision.

Thanks
 
I copied this info from http://k1.exit.com/spouse1.html

CONSULAR PROCESSING

In this circumstance, the U.S. citizen marries the foreign fiance (either in the foreign fiance's country, in the US, or in a third country...the location does not matter as long as it is a legal marriage) and applies DIRECTLY through the foreign U.S. consulate for the spousal visa.

Not all foreign U.S. consulates will do this for US citizens who are non-residents, but when they will, it can be the quickest route, depending on their wait time for the interview.

The foreign spouse can work upon entering the US and obtaiing a social security card,usually 1-2 weeks. The foreign spouse will not need advance parole to travel outside of the U.S.

You can find the procedure for DCF outlined in the other links in this section.

PLUSES

the quickest route to admission to the US and to a resident status in the US, based on marriage, usually taking 3 months or less.

The foreign spouse is allowed to work as soon as he/she can get a social security card, about 1-2 weeks.

Wait times for the visa can be one week to 3 months, which is still faster than even the fiance or traditional spouse visa!

For those foreign US consulates who will do it, the direct consular filed spouse visa is absolutely the quickest way to get a spouse to the US, and is recommended over the fiance visa for those countries.

MINUSES

If there are any adverse factors, such as serious illness, criminal record, or previous out of status time, this process may not work.
DCF should only be used in totally uncomplicated cases, and can only be done at certain willing consulates.

Interested persons should be sure to check on the marriage requirements in the country where they plan to marry, as some of these are time-consuming and/or expensive.

Consular policies can change over time, and one should always confirm with the consulate that they will do this process. Russia, for instance, has just quit doing DCF for non-resident US citizens. See NOTES

Note:
I'm not a laywer, for reliable advice, consult a competent immigration attorney.
 
You have made it pretty clear that you prefer AOS! In your situation it is probably the best choice. However, I read this earlier:

This is from CSC Liaison Meeting Summary for 05-28-2003
Concurrent Filings
Applications for Advance Parole and Employment Authorization (EAD) will not be adjudicated until the underlying Employment Based Visa Petition (I-140) is approved. However, if the EAD application is pending for more than 90 days and no Request for Evidence (RFE) has been issued on the underlying I-140 OR a response to an RFE has been filed more than 90 days, the individual may go to the local BCIS office to apply for an interim EAD card.
Click to expand...
This means that if you file concurrently do not expect to see EAD approved right away. CP also has the advantage that you get the green card approved much faster, usually 6 months after I-140 approval. You usually get 3-6 weeks notice for CP interview. Hey, that is just a trip across the border for you, should be no problem.
With AOS expect delays of 1-3 years to get final approval. Until that time, you will have to apply for EAD/AP every year for both of you.
I am biased towards CP since I went thru CP last year.
 
AOS vs CP - Time to complete

Hi..

To give you a comparison of time it takes currently for completion of the process..

I got my 140 approved on the 12 th of December 2002 along with one of my close friends. He chose to do AOS (concurrent) and I did CP. I received my green card (as well as my wife) last week thereby bringing the process to an end. My friend will wait another year or so (assuming he gets his 485 interview waived, otherwise the wait could be much longer) to reach this point! and I had a nice vacation going home at company expense as well..!

Again, both AOS and CP has their own merits and demerits and the choice should depend on your persona circumstances.

But I agree that CP is much faster than AOS even with concurrent filing.

DMN
 
Thanks u all for the reply and sharing experiences.

How long does it take for I-140 to complete in Texas Servie Centre?

Can I first choose CP and switch it back to AOS or vice versa?
Does the medical exam have to take place in Canada for CP?


My wife is currently with me on a H4.


Thanks again for the info.
 
Originally posted by diraviam
Thanks u all for the reply and sharing experiences.

How long does it take for I-140 to complete in Texas Servie Centre?

Can I first choose CP and switch it back to AOS or vice versa?
Does the medical exam have to take place in Canada for CP?


My wife is currently with me on a H4.


Thanks again for the info.
Click to expand...

The right point to compare the time line between the CP and AOS
is after you get your I-140 clearance.

However what you say in the I-140 petition has a BIG say in how
much time it takes for the 3rd stage.

If you choose the AOS now and later decide to change to cp process then it would involve filing of I-824 to bring the file to the
cp route. This approval is taking about 8 months to 1 year now.

Some candidates are able to avoid this delay by taking the AC 140
process (not all consulates accept this Attorney Certified I-140).

On the other hand if you choose the cp option at the time of filing the I-140 then the rest of the process is smooth and once you clear your I-140 stage you can expect to get your GC in 7 months.

But remember the following main points:

With CP you should be confident of holding on to your job till you
complete your Green Card process in it's entirity. You loose the whole time if any of the following takes place:

* You loose the job with the sponsor.
* At the time of interview the sponsor refuses to provide the
letter saying that the position offered in the LC is still open for
you.

If there is any doubt about retaining your job for roughly 1 year,
then AOS would be the better option. That way you can bail out
with the EAD and take shelter under AC 21.

Just to recap the difference between cp and AOS it is not 5 months. Counted from the I-140 approval date it is:

7 months Vs 18 months to 2 years.

* you can switch between the processes but look at what it
involves.
* The medical exams are done at the place where the consular
post is.

Raju
 
ac21 is a mirage

also keep in mind that even if you are 180 days past 485 filing and have switched jobs, if old employer revokes 140, some centers are denying those 485s.

this is utter bullshit and negates the basic purpose/advantage of 485 portability. but sorry, you cannot vote, mr. immigrant.

also, your para-legal is smoking dope if they say AOS takes 5-6 months longer. it could take you 1-2 YEARS longer, mate.

that said, choices are individual. do what makes you comfortable, knowing well that you might well regret your initial choice...;-) ;-)

this process is a no-win process, until its over.
 
Para legal point of view

One of the reasons some attorneys and paralegal are bent towards AOS rather than CP are:

1. They don't have a good handle/experience doing CP cases.
2. The attorney fees for AOS is higher than that of CP.


Thanks.
 
Should employer pay for CP visit?

I intend to opt for CP and a question came to my mind after reading posts in this thread.

Is my employer required to pay for my trip to home country for Consular Processing?

(I know, I know ... it is very materialistic question compared to all the serious stuff being asked ... but God bless America :D )

TIA
 
Re: Should employer pay for CP visit?

Originally posted by cons1234
I intend to opt for CP and a question came to my mind after reading posts in this thread.

Is my employer required to pay for my trip to home country for Consular Processing?
No. The employer doesn't have to pay any cost associated with the Green Card processing. It all depends on the company rules and policies. Some companies pay the attorney fees other also pay the trip cost. But it's not mandatory by any law for the employer to pay any or all fees associated with GC processing.

(I know, I know ... it is very materialistic question compared to all the serious stuff being asked ... but God bless America :D )
Just ask this question to your manager/HR, and you will get the right answer.

TIA
Click to expand...
 
Originally posted by Raju595
The right point to compare the time line between the CP and AOS is after you get your I-140 clearance.

Just to recap the difference between cp and AOS it is not 5 months. Counted from the I-140 approval date it is:

7 months Vs 18 months to 2 years.

Raju
Click to expand...

But the AOS and I-140 can be filed concurrently so doesn't it make more sense to compare [I-140 time + CP time] vs [I-485 time (which overlaps with the I-140 time)]?

In my own case, it looks like VSC is taking about 2 years to process I-485s whereas CP would take 12-13 months for I-140 plus about 13 months for the CP at the Montreal consulate from what I can tell (e.g. at cptracker.com).

Am I missing something or is AOS actually *faster* than CP in this case (VSC AOS vs Montreal CP)?

ETA
 
Thanks again for all the replies.
I have been following this portal and the forums in it since I started my GC process and it has been very useful in every stage.
State Labour to Federal Labour and I will be following it till my GC is completed.

Kudos to the orgainizers of this portal.

After looking at the +/- of CP and AOS, I have decided to go the AOS route as it offers more flexibilty
 
I would never trust the BCIS's claimed processing times, whereas the NVC and consulates have been quite consistent for YEARS.
Just when you think I-485 processing times are starting to improve, some new security check comes along or they start putting resources on processing other type of petitions... your I-485 will languish for months of no movement.

Compare this to the NVC / consulates where every few weeks you're getting definitive indication of progress on your case, and they'll willingly TALK TO YOU about it... try finding that with the BCIS.

This alone was worth all of the alleged "cons" against CP vs. AOS. If you've got a stable job, why not get it over with in mere months instead of years? Cost? This is the rest of your life you're talking about... get on with it! So what if you have to make a trip home -- it's a good time to visit family and friends too!
 
Originally posted by GCDreamer2000
If you've got a stable job, why not get it over with in mere months instead of years?
Click to expand...

If one could do CP in "mere months" this would obviously give it a big edge over AOS but I'm seeing around 13 months for I-140 processing currently *plus* about 8-12 months to get a consular interview (in Montreal), i.e. 21-25 months total.

VSC claims they are processing 12/15/01 I-485's currently which puts them about 18 months behind (with the I-140 done concurrently). Note that VSC is apparently one of the fastest centers currently and AOS may be taking a lot longer at other centers.

If you go the CP route, you are betting that your job will still exist in 21+ months whereas with AOS, you have the possibility of switching to a similar job if your current one is terminated.

As far as new security measures adding time to the process -- couldn't this just as likely happen at the consulates?

ETA
 
CP vs AOS...

Keep in mind that delays due to I140 processing delays have already been factored into CP processing time table- but not quite yet for AOS. When I filed my I140 at NSC in April'02, the processing time was 2 months. Because of the new security checks, my approval only came out in 12/03! Everybody who filed for I140 and AOS with my timeline are still waiting for their AOS approval- once the lagtime catches on and all the combined 140/485 applns begin to slow the process, you will see 2yrs+ waiting in the 485 line. Montreal timelines are no different from timelines for India as the applns are being processed at NVC for both and if I had to do it all over again, I would still go with CP.

The other obvious incentive is that you are getting out of the INS quagmire by opting for CP. It is much easier to track your progress with NVC and the consulate; people there are more accommodating and over all it is a much nicer experience.;)
 
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I don't know where you get data to state that processing cases for Montreal is taking 8-12 months. There's very limited data in cptracker.com, and if anything the NVC has sped up processing in the last 6 months.

I have a good friend who's going through the same process as what is done for Montreal cases, and her case is moving just as fast as those consulates where the P4 processing is done by the consulate. She'll very likely be done in 6 months from date of I-140 approval.

And frankly, this time hasn't changed much more than a month or two since I went through the process at Montreal over 3 years ago. Try saying that about the BCIS.
 
AC140 option with AOS

one angle which, while risky, could save anyone a lifetime's scar due to the AOS nonsense, is AC140.

it seems Montreal takes AC140 at their discretion. maybe after 140 approval, its worth taking a crack at AC140...
 
posted this question on a diferent thread,but wanted to have the attention of ....

Sorry for posting this question again ....

I am kind of confused whether to go for CP or AOS because of the following :

1) Got my Labor,I140 approved thru comapany A
2) Applied for CP through company A (NVC issued a fee receipt on july 7)

But since 6 months I am working for a client xxx as a consultant,and I am being paid by the vendor (company B). since my original employer(company A) is not a vendor to the current client, company A had a deal with company B ,and I had to become an employee of company B.

Since I am an employee of company B will the consular officer at chennai issue IV based on petition filed by company A.

As such I can show the letters/agreement that I will be joing comapny A as soon as I get my greencard(or after the current contract with the client gets expired).

Since GC is for future employment, does it make sense to convince the consular that I will be employed by company A after getting the GC, by showing him company A's offer letter/employment letter.

Pls suggest whether CP in this case is risky ...

Thanks
cpseeker
 
cp or not ....

Found the following from murthy.com ...

Question : Can one process Green Card with previous employer while not working for the employer currently?
Answer : Yes, that is possible since the GC is for a future job where one promises to work for the GC-sponsoring employer after one obtains the I-485 approval or the GC is stamped in the PP. With AC21 we are not sure how this will be affected, since the 180-day rule seems to no longer require future employment either.
Date : 2002-03-25


Let me know if my case can find some life ....


Thanks in advance,

cpseeker
 
Originally posted by GCDreamer2000
I don't know where you get data to state that processing cases for Montreal is taking 8-12 months. There's very limited data in cptracker.com, and if anything the NVC has sped up processing in the last 6 months.
Click to expand...

Thanks for your comments GCDreamer2000.

Please let me know if you see anything wrong with how I came up with these numbers but the 8-12 months that I'm assuming for Montreal CP comes from the 6 most recent entries at cptracker.com (for the Montreal consolate) obtained by taking the time between the I-140 acceptance date and the CP interview date:

I-140 AD CP ID Days Months

03/31/02 06/03/03 429 14.1
09/20/02 05/22/03 244 8.0
07/26/02 05/08/03 286 9.4
08/09/02 04/04/03 238 7.8
05/28/02 03/17/03 293 9.6
02/27/02 01/06/03 313 10.3

Average 300.5 9.9


I'd love to hear of cases which are moving faster than this -- I was pretty much set to go with CP myself until I saw these numbers.

ETA
 
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