Help: Switching from CP to AOS

[clearview123]

Hi - I am a US citizen sponsoring GC for my father who is currently in the US visiting me. In my I-130 application, I opted for Consular Processing as my father planned to return to Mumbai in January to get his GC visa stamped there.

I recently received the I-130 Approval Notice (sooner than I expected) and my case has been sent to NVC, New Hampshire to process the CP. I have not filed I-485 yet. Due to a recent change in my family circumstances (death of my sister), I would now like to switch to AOS as my father needs to remain in US until January. I would appreciate any help/advice on the following questions:

1. Is it possible to switch now from CP to AOS? If so, what is the procedure?

2. How long does it take to get CP date in Mumbai once I file the I-485?

3. Is there any risk in switching to AOS?

Thank you in advance.

I-130 Approval Notice timeline
Receipt Date: Aug 27, 2009
Priority Date: Aug 23, 2009
Notice Date: Sept 21, 2009

[immihelp]

1. Yes, just file I-485.
2. That varies.
3. Not really.

[clearview123]

Help: Switching from CP to AOS

Hi immihelp - thanks for your reply. After reading some more, I have a few more questions - I appreciate your advice.

1. Where can I find processing times currently for CP and family-based (US citizen sponsoring father) AOS options? I have looked at all the USCIS websites and this forum but have not found anything on this. Most I-485 list only employment-based.

2. I am confused whether I should go for CP or AOS - I had always planned for CP. My father is currently in US on visit and his 6-month visa expires on Jan 29th 2010 and we anticipated that he will return to Mumbai to apply for CP there. But since the I-130 got approved so fast and given some change in family circumstances, if AOS is faster and easier then I may just want to do that. But I cannot get any sense for how long CP in Mumbai or AOS takes? If AOS is going to take 2 years plus as shown for I-485 employment-based, I would rather that he returns to Mumbai and do CP as originally planned.

3. Where can I read or learn about the detailed CP procedure?

4. Since my father is here in US, will NVC send any communication to him in India, and if so will they send me a copy?

5. Now that my I-130 has been approved and matter referred to NVC, what will happen next?

Thank you again.

[bkwld]

Do the AOS. CP is much more exhausting and time consuming. Your father should get his GC in about 6-8 months or sooner. However, he cannot leave the country until he gets his Advance Parole or the actual G.C.