Spouse of LPR I-130

[Princess07]

Why do some I-130 approvals for Spouse of a LPR allow AOS and some are directed to CP? Is there certain immigration visas that can do AOS if the spouse is a F1 student doesnt this status qualify for AOS? Which one is faster & easy?

 

[Jackolantern]

If the priority date is before the Family 2A cutoff date in the visa bulletin, and the spouse is inside the US and has not overstayed their visa, and the visa they entered with is not of a type for which AOS is banned, they would qualify for AOS. Otherwise they would be directed to CP.

Which one is faster & easy?

AOS used to take much longer, but now they are both about the same. The main difference is that one has to leave the US for CP, which can be inconvenient and expensive for somebody who is already staying in the US. The other issue is that AOS involves possible denial for having immigrant intent, if the immigrating spouse recently entered the US with a nonimmigrant visa*, whereas CP makes that issue irrelevant.


*Except for dual intent visas like H1/H4 and L1/L2.