What happend when 485 applyed after consular application

[indra123]

I applied for consular processing and my file is in madras consulate. In the mean time if I applied for I-485 ,what happens. I think I might still get pocket 4 , if so can I still attend inteview?. If I do is it some thing wrong?. If my consular processing asked for more documents , can I come back and proceed with my 485?.

Or if I attend consular interview my 485 is void. I have valid H1 so I can still travel on it

[JoeF]

Re: What happend when 485 applyed after consular applicatio

INS would demand the file back, and the consulate would send it back.
What is this issue with "if the consulate asks for more documents"? You would have to present the same documents for AOS.
To be very clear: you can only do one or the other. If, in CP, documents are missing, you will get a visa to be able to get the documents, and you will get an approval once the documents are there. The only way CP can be denied is for fraud or medical reasons.
For AOS, on the other hand, your AOS would probably be denied if documents are missing. INS officers have the discretion to deny AOS cases at will.
CP is *much* safer (and faster).

[rvd1234]

RE: What happend when 485 applyed after consular applicatio

I agree with what JoeF said...

CP is much faster. Documents missing is not at all an issue. In some cases, they would even reschedule it and ask you to come at the rescheduled day.

So, don't ever try to opt for both, irrespective of whether it is allowed to do or not.

Go for CP!

[dallas2002]

CP vs. I-485

"CP is safer" is interesting to me- then why all the attorney discourage to go for CP. Is this just to avoid interview? What's wrong with interview if you have all the required docs? Do they ask lot of tough question in the CP interview, what are the typical type of questions they ask in CP interview/

Thanks/dallas2002

[JoeF]

Re: CP vs. I-485

Some facts:
AOS: the INS officers have the discretion to deny approval at will, and about 15% of all AOS cases are denied. Theoretically, you can appeal, but that's still a very long shot.
CP: Consular officers can *not* deny approvals, except for fraud and medical reasons. There are virtually no denials. Denials for missing paperwork are possible, but once the paperwork is provided and there are no fraud or medical issues, the cases are approved (besides, you and your lawyer should make sure that you have all paperwork in the first place). Appeals are possible in principle, but have about the same low chance of success than with AOS.
Having done CP myself, I do know that the interview is *very* easy. The consular officer was browsing through my file, make some smalltalk, and it was all over in 5 minutes. I had the immigrant visa exactly 3 months and 1 week after the I-140 approval.

As to why some lawyers discourage it: they don't know or understand the process. Lawyers who know the process tend to encourage it. The only drawback I can see is that you and every member of your family has to fly out to your home country, and that can get expensive.

[indra123]

I think I had not explained clearly

I applied for consular processing and my file is in madras and expecting interview in december.

If I say I apply me 485 on first week of november, I guess still my interview will be scheduled and I get Pocket 4.

If I am in India ,
In that senario is it ok to attend consular processing?.

Is that mean my 485 abandaned?.
Or is 485 still in process if I come back either I attend the interview or not.

Because my H1 is still valid.

[JoeF]

Re: I think I had not explained clearly

You can only do either CP or AOS. Period.
If you file an I-485, your CP case will be over. Even if you get an interview date, your file will be transferred back to INS, and when you show up for the interview, there wouldn't be any interview happening.

[dallas2002]

Re: CP vs. I-485

Thanks a lot JoeF
-dallas2002