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Consular Processing vs AOS

#1 c2a

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Posted 17 July 2013 - 11:54 AM

Hello everyone,

 

Now that F2A will become current, my spouse who is a green card holder will file for my I-130. I am a Canadian Citizen living and working in Canada.

One of the issue i am currently facing is whether to file AOS with I-130 or go for cosular processing.

 

Just want to hear from experience, how much long does Consular processing take in Canada? I currently live in Alberta and i am not sure which city office will process my application. I have heard AOS typically takes between 3 months to 4months "IF" everything goes smooth.

 

Problem with AOS is that i am working right now and i wont be getting more than 3 weeks (or maybe 4 weeks) of Vacation. What do you guys suggest?

 

Thank you.


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#2 Harpa Timsah

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Posted 17 July 2013 - 11:56 AM

It is illegal to enter the US as a visitor with the intent to immigrate.  You must do consular processing. Hopefully your spouse already applied for the I-130, which is the thing that establishes your priority date.


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#3 aaron2020

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Posted 17 July 2013 - 12:54 PM

Apply for the I-130 and a spousal visa. It takes 6-12 months. You'll immediately get a green card when you enter. So, you'll have time to tie up loose ends in Canada an be able to work and travel internationally as so as you arrive.

As state earlier, it's illegal to enter the US with the intent to immigrate. If you choose to AOS, you will have a 2-3 months period where you xannot legally work or travel internationally without abandoning the process. This is not the way to go if you need to tie up loose ends before making a permanent move.
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#4 c2a

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Posted 17 July 2013 - 01:09 PM

It is illegal to enter the US as a visitor with the intent to immigrate.  You must do consular processing. Hopefully your spouse already applied for the I-130, which is the thing that establishes your priority date.

 

Thank you for the valuable information. So its clear i only have one path and that is Consular processing.

Having established that the only thing i need to know is: "Can my wife visit me to Canada while our application is in process?" I have read in FAQ here that i can visit USA during application process 'with the intent of returning' and ofcourse convince the border officer.


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#5 c2a

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Posted 17 July 2013 - 01:11 PM

Apply for the I-130 and a spousal visa. It takes 6-12 months. You'll immediately get a green card when you enter. So, you'll have time to tie up loose ends in Canada an be able to work and travel internationally as so as you arrive.

As state earlier, it's illegal to enter the US with the intent to immigrate. If you choose to AOS, you will have a 2-3 months period where you xannot legally work or travel internationally without abandoning the process. This is not the way to go if you need to tie up loose ends before making a permanent move.

 

Pardon my ignorance but what is a spousal visa? and if it takes 6-8 months and since f2a is current does anyone know what is average consular processing time in Canada?


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#6 aaron2020

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Posted 17 July 2013 - 01:28 PM

Just using a shorthand.

The F2a category is for the spouse and unmarried children under 21 of an LPR petitioner. I was referring to the visa your spouse would get in this category as a "spousal visa" as it relates to your case.

Processing the paperwork takes time - especially since so many people are filing in the F2a category when it becomes current in August (its not current yet). Even though it will be current - the backlog if cases means it will take months for it to go through. Based on the time it takes Immediate Relatives of US citizens to processed - about 6-12 months, you should expect a similar timeline. I would not expect a case like yours to be processed faster than one for the spouse if a US citizen.

Edited by aaron2020, 17 July 2013 - 01:33 PM.

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#7 c2a

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Posted 17 July 2013 - 06:02 PM

Is it allowed to travel to US as a visitor (with the intention of coming back) while I-130 petitioning is being processed?

What about the sponsor? Can the sponsor travel outside US when the petition is being processed?

 

Thank you again for your help.


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#8 aaron2020

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Posted 17 July 2013 - 06:08 PM

Is it allowed to travel to US as a visitor (with the intention of coming back) while I-130 petitioning is being processed?
What about the sponsor? Can the sponsor travel outside US when the petition is being processed?
 
Thank you again for your help.


With a valid visitor visa, the beneficiary can travel to the US. Just bring proof that the person will leave (ie a return ticket).

The sponsor is an LPR with all the privileges - including entry into the US as long as LPR status is maintained as required.
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#9 tataocb

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Posted 18 July 2013 - 09:11 AM

The fact that F2A will be current next month is great news for people who have filed an i-130 and have been approved, because it means that they don't have to wait for their priority date to become current. If no i-130 petition has been filed, then the fact that F2A will be current does not affect the petition. In your case, an i-130 petition would need to be filed, you would need to wait for it to get approved, get your case completed by the NVC (the NVC process takes place only if your priority date is current) and then you would move on to the consular process, which is the final step of the process.

 

Just so you get an idea, there are people in this forum who filed in late 2011, and they are still waiting for their petition to be approved...so even if the F2A  is current next month, they can't move on with the process because their initial petition has not been approved yet.  There are others who filed in 2012 and their petition has been approved, so next month, they can move on with the process. So I think the best thing right now is or your spouse to file the i-130 to get the process started.


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#10 c2a

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Posted 18 July 2013 - 09:47 AM

The fact that F2A will be current next month is great news for people who have filed an i-130 and have been approved, because it means that they don't have to wait for their priority date to become current. If no i-130 petition has been filed, then the fact that F2A will be current does not affect the petition. In your case, an i-130 petition would need to be filed, you would need to wait for it to get approved, get your case completed by the NVC (the NVC process takes place only if your priority date is current) and then you would move on to the consular process, which is the final step of the process.

 

Just so you get an idea, there are people in this forum who filed in late 2011, and they are still waiting for their petition to be approved...so even if the F2A  is current next month, they can't move on with the process because their initial petition has not been approved yet.  There are others who filed in 2012 and their petition has been approved, so next month, they can move on with the process. So I think the best thing right now is or your spouse to file the i-130 to get the process started.

 

Hmm.. good point! i was taking my sweet time but making sure i file the petition on Aug-1st. From your comment it seems it makes sense to File asap so that my file can reach NVC hopefully within August!


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