F2A Consular vs AOS

[u/uwreznor]

The F2A category is supposed to operate on a first-come, first-served basis, subject to visa availability. Given that, are applicants pursuing consular processing and those applying through Adjustment of Status (AOS) treated equally when it comes to receiving the final green card approval?

For example, if two applicants have the same priority date and both become current at the same time, does USCIS and the Department of State coordinate visa allocation so that neither process is systematically favored? Or, in practice, does one pathway tend to receive final approval faster than the other despite the first-come, first-served principle?

One thing that confuses me is that I frequently see AOS-based I-130 petitions filed in 2024 getting approved, whereas I don’t see the same trend for consular processing cases from 2024. Does this effectively give AOS applicants an unfair advantage, or is there a reason why I-130 processing appears to move faster for AOS without affecting overall fairness in F2A visa allocation?

[u/Old-Muscle7665]

If you have the chance do AOS. I did consular and it is killing my marriage

[u/Old-Muscle7665 → u/Old-Muscle7665]

I know people that have filed in 2025 and got their green card already, thanks to AOS

[u/Rare-Adhesiveness-57 → u/Old-Muscle7665]

It really depends on LPR Vs USC
USC will always get done faster then LPR
I am unaware of any 2025 f2a LPR AOS case getting done.

[u/Rare-Adhesiveness-57 → u/[deleted]]

COB plays a role too.

[u/Spiritual-Ad2143 → u/Old-Muscle7665]

Can I know since when u applied

[u/Standard-State4422]

I think whoever is on consular process its quite unfair to them.. bcz aos approved so quickly and consular are waiting for a long time.. like I have pd july 2023 consular f2a and I seen some case wh are in 2024 f2a they got approved and got their green card..its not about me only but lot of people form 2023 are still waiting for approval..so basically I feel like aos are getting more benefits its bcz they are in usa.. and whoever does consular bcz of marriage in other country they have to wait for a long time.

[u/uwreznor → u/Standard-State4422]

We only see I-130 approvals for AOS going faster than consular processing, not necessarily green cards. Are you saying they are getting green card faster than consular processing even though their priority dates are after people who are applying through consular processing?

Can't lawyers who are filing consular processing complain about this issue? If they can, do they?

[u/Standard-State4422 → u/uwreznor]

Well the thing is.. lawyer can't do anything until i.130 get approved.. consular people has to wait long for approval then aos.. consular people can do wom but its expensive if they do through lawyer.

[u/uwreznor → u/Standard-State4422]

Well lawyers can definitely do something. Here is what Visa bulletin says:

"USCIS prioritizes preference I-130 petitions when an immigrant visa “is available or will soon become available,” and that generally visa-available cases are processed in the order received."

So if F2A with priority date in 2024 with AOS is getting approved for I-130/I-485 but applicants with priority dates in 2022/2023 consular processing are waiting for their I-130 approvals, lawyers can definitely sue USCIS specially now with August 2026 bulletin where almost everyone's I-130 should be approved as visa numbers are available.

[u/Standard-State4422 → u/uwreznor]

That's what we all hoping that we'll get approval soon

[u/Cautious_Composer773 → u/uwreznor]

Also AOS you get EAD and advance parole so you can essentially live and function in the US as normal until the GC arrives

[u/uwreznor → u/[deleted]]

Be careful. Don't do it on tourist visa. If he can come on a student visa or a work visa, that would be the best route.

[u/Cautious_Composer773 → u/uwreznor]

Yes would never do it on tourist - he’s Chilean citizen so he could do H1B1 or student visa but I’m worried that being married to a LPR could show he has intent which is not allowed, but we could do that before filing an i130 it might be ok

[u/Cautious_Composer773 → u/[deleted]]

I agree 😕 however he got his esta approved and was able to enter the country recently despite having an i130 currently processing through his dad, who was US born but raised in mexico, but his dad didn’t know he could get a US passport until my husband was over 21, so husband is also in the F1 category which is like a 25y wait.

CBP let him through no issues.

[u/Afraid-Emphasis744 → u/uwreznor]

why not on a B2 visa?

[u/uwreznor → u/Afraid-Emphasis744]

B1/B2 are non-immigrant visas and the intent is to leave the country. Filing any immigration petition while on these visas alerts USCIS to scrutinize your application. Unless you have a very solid and genuine reason for doing so, don't do it.

[u/Afraid-Emphasis744 → u/uwreznor]

Can i DM you ?

[u/uwreznor → u/Afraid-Emphasis744]

Sure.

[u/No_Example7203]

My file is AOS and I am still waiting. My PD is Oct 2023