Green Card Roadmap
AOS vs. IVP

Understanding Your Two Paths to Permanent Residence

Foreign nationals who are beneficiaries of a family-based or employment-based immigrant petition generally have two options to apply for permanent residence: filing Form I-485 to adjust status from inside the U.S., or pursuing the Immigrant Visa Process through a U.S. consulate abroad. This guide walks you through the requirements, documentation, processes, and strategies for each route so you can make an informed decision.

Updated 2026

Overview: Two Paths to the Green Card

A foreign national (FN) who is the beneficiary of a family-based or employment-based immigrant petition generally has two options to apply for permanent residence. Understanding the difference between these two routes is the first step toward choosing the right path.

AOS vs. IVP at a Glance

A foreign national who is the beneficiary of a family-based or employment-based immigrant petition generally has two options to apply for permanent residence (commonly known as "the Green Card"):

File Form I-485, Application to Adjust Status ("AOS") from inside the U.S.
Start the Immigrant Visa Process ("IVP") through a U.S. consulate abroad.

Which Route Is Best?

Which route is best — AOS or IVP — will depend on several factors, including:

The FN's current place of living and nonimmigrant status in the U.S.
Whether the FN needs the flexibility to travel while waiting for their Green Card.
The availability of Green Cards in the FN's immigrant category.

Understanding Priority Dates & the Visa Bulletin

U.S. immigration laws limit the number of Green Cards issued each year and allocate them based on a preference system. Even if the underlying I-130 (family-based) or I-140 (employment-based) petition is approved, a Green Card may not be available until the FN's priority date becomes "current." The priority date is the date the I-130 or I-140 petition was received by USCIS. The U.S. Department of State publishes a monthly Visa Bulletin that summarizes the availability of immigrant visas by category. Once the priority date becomes current, the FN may begin the AOS or IVP process. In some categories — such as for immediate relatives of U.S. citizens — immigrant visas are always available, and FNs in these categories have the option of filing Form I-485 concurrently with the underlying immigrant petition.

Requirements

Before initiating either the AOS or IVP process, certain foundational requirements must be met. These requirements apply regardless of which route you choose, with an additional condition for those pursuing AOS from within the United States.

Main Requirements for AOS or IVP

Core Requirements

An approved I-130 or I-140 immigrant petition with the FN as beneficiary.
An I-130 or I-140 priority date that is current — meaning an immigrant visa must be immediately available.

Additional AOS Requirement

Those wanting to take the AOS route from inside the U.S. must also be physically present in the U.S. after having been inspected, admitted, or paroled by an immigration officer, and must not be otherwise barred from adjusting their status.

Documentation

Both the AOS and IVP processes require extensive supporting documentation. The following lists outline the documents the FN will need to submit at different stages. Note that these lists do not include the documentation needed for filing the underlying I-130 or I-140 immigrant petition. Upon case initiation, our firm will provide comprehensive document checklists for each step.

Documents Required for Each Route

AOS (Adjustment of Status) Documents

Approval or Receipt Notice of the underlying I-130 or I-140 petition (if not filed concurrently with the AOS application).
Two passport-style photos.
Copies of the FN's passport bio page, Form I-94 Arrival/Departure Record, and any other evidence of current status in the U.S.
Copy of the FN's long-form birth certificate.
Family-based cases: evidence of familial relationship to U.S. petitioner and I-864 Affidavit of Support signed by petitioner.
Employment-based cases: confirmation of bona fide job offer.
Sealed envelope with the FN's medical exam results and immunization information, issued by a specially authorized physician ("civil surgeon").
If applicable: certified police and court records of any criminal charges, arrests, or convictions.
If applicable: military service records.

IVP (Immigrant Visa Process) Documents

Two passport-style photos (submitted digitally).
Passport (valid for six months beyond the intended date of entry to the U.S.).
Form DS-260, Immigrant Visa and Alien Registration Application (submitted online).
Copy of the FN's long-form birth certificate.
Family-based cases: evidence of familial relationship to U.S. petitioner and I-864 Affidavit of Support signed by petitioner.
Employment-based cases: confirmation of bona fide job offer.
Police certificates for all countries where the FN has lived for a certain amount of time since their 16th birthday.
Medical exam results and immunization records, issued by a specially authorized physician ("panel physician" — the U.S. consulate will provide guidance).
If applicable: certified police and court records of any criminal charges, arrests, or convictions.
If applicable: military service records.

AOS vs. IVP Documentation Comparison

Document	AOS	IVP
Passport-style photos	Two (physical)	Two (digital)
Passport	Bio page copy	Valid for 6+ months beyond entry
Application form	Form I-485	Form DS-260 (online)
Long-form birth certificate	Required	Required
I-94 / Status evidence	Required	Not required
Police certificates (all countries since age 16)	Not required	Required
Medical exam	Civil surgeon (U.S.)	Panel physician (abroad)
Criminal records (if applicable)	Required	Required
Military records (if applicable)	Required	Required

What to Expect After Filing

Once the I-130 or I-140 petition has been filed, USCIS will mail an official Receipt Notice to our office as well as to the mailing address provided by the petitioning family member or employer. This notice contains a receipt number that can be used to track the status of the petition online. The next steps depend on whether the applicant intends to apply for the Green Card from within the U.S. or from a U.S. consulate abroad.

The AOS Process Step by Step

Step 1: File Form I-485

Upon approval of the I-130 or I-140 petition and once the priority date is current, the FN files Form I-485 (Application to Register Permanent Residence or Adjust Status), along with applications for work and travel permits and supporting documentation. Note: FNs to whom an immigrant visa is immediately available may file Form I-485 concurrently with the I-130 or I-140 petition.

Step 2: Receive Receipt Notices

USCIS will mail official Receipt Notices with tracking information to our office and the FN's U.S. mailing address.

Step 3: Attend Biometrics Appointment

The FN is scheduled for a "biometrics" appointment for fingerprints, photos, and digital signatures.

Step 4: Receive Work and Travel Authorization

USCIS issues documents that allow the FN to work and travel while the AOS application is pending.

Step 5: Respond to Any Requests for Evidence

If USCIS needs more information or documentation, it will send out a detailed Request for Evidence ("RFE").

Step 6: Attend Interview (If Required)

All marriage-based cases: both the U.S. petitioner and the FN spouse are scheduled for a mandatory joint interview. In other family- or employment-based cases, the interview may be waived.

Step 7: Receive the Green Card

Upon final approval, the FN receives the Green Card by mail.

The IVP Process Step by Step

Step 1: Case Forwarded to the National Visa Center (NVC)

Upon approval of the I-130 or I-140 petition, the case is forwarded to the National Visa Center.

Step 2: NVC Assigns a Case Number

If the petition's priority date is current or meets the most recent cut-off date, the NVC assigns the FN a case number and mails a letter (the "Fee Bill") to the attorney of record with detailed instructions on how to pay the fees for Affidavit of Support Processing (if applicable) and the Immigrant Visa Application. If the priority date is not current, the NVC will notify the FN that the case is being held until it can move forward.

Step 3: Pay Processing Fees and Submit Documents

Upon payment of the processing fees, the NVC provides detailed instructions on which forms and documents to prepare and submit. If the NVC needs any additional information or documentation, it will provide further instructions.

Step 4: Receive Interview Appointment Letter

Once all forms and supporting documents are reviewed, the NVC issues an Appointment Letter with the date and time for the FN's interview at the U.S. consulate, along with instructions for the medical exam and general instructions for the appointment day.

Step 5: Attend Consular Interview

After the interview, the Consular Officer keeps the FN's passport for processing of the immigrant visa.

Step 6: Enter the U.S. with Immigrant Visa

The FN enters the U.S. with the immigrant visa and receives a passport stamp that serves as temporary proof of lawful permanent residence, enabling the holder to work in the U.S. and freely travel in and outside the country.

Step 7: Receive the Green Card

The actual Green Card will be automatically mailed to the FN's U.S. address.

Processing Times

Processing times for family-based I-130 petitions, employment-based I-140 petitions, AOS, and IVP vary greatly and depend on several factors. As a rule of thumb, consular processing abroad via IVP tends to be the faster route. Our firm will do its best to provide estimates based on current trends.

Family Members

The Green Card process isn't limited to the primary beneficiary. Qualifying family members may also pursue permanent residence as derivative beneficiaries.

Derivative Beneficiaries: Spouse and Children

The FN's spouse and/or unmarried children under the age of 21 may also choose whether to pursue their Green Cards as derivative beneficiaries via AOS or IVP once the underlying I-130 or I-140 petition is approved.

Key Points for Family Members

Each qualifying family member must file their own I-485 Adjustment of Status application or DS-260 Immigrant Visa Application.
Each family member must pay the applicable filing fees separately.
Derivative beneficiaries may independently choose between the AOS and IVP routes.

Strategies & Options

Circumstances can change after the initial immigrant petition is filed. Fortunately, the choice between AOS and IVP is not permanent — but switching routes involves different levels of complexity depending on the direction of the change.

Switching from IVP to AOS

Both Form I-130 and I-140 require the petitioner to indicate whether the FN beneficiary intends to pursue AOS from inside the U.S. or to take the IVP route through a U.S. consulate abroad. However, these initial choices are not written in stone.

FNs who originally selected consular processing via IVP but are now physically present in the U.S. and otherwise qualified to adjust their status may simply submit Form I-485 to USCIS, along with the petition receipt or approval notice and supporting documents.

Switching from AOS to IVP

FNs who initially selected AOS but now want to switch to consular processing must first ask USCIS to send the approved immigrant petition to the National Visa Center. This is done by submitting Form I-824, Application for Action on an Approved Application or Petition, to USCIS along with the appropriate filing fee.

Important: I-824 Processing Delays

As of February 2024, the processing of an I-824 application can take up to 20 months, in addition to the time it takes to complete the IVP process. Switching from AOS to IVP is therefore a significantly longer process than switching in the other direction.

Switching Routes: AOS ↔ IVP

Direction	How to Switch	Complexity
IVP → AOS	File Form I-485 with receipt/approval notice and supporting documents	Relatively straightforward
AOS → IVP	File Form I-824 to transfer case to NVC, then complete IVP process	Can add 20+ months of processing time

Legal Sources & Disclaimer

This chapter provides the legal and policy sources underlying this roadmap, along with important disclaimers about the information presented.

Legal and Policy Sources

8 C.F.R. § 204.1
8 C.F.R. Part 245
USCIS Policy Manual, Vol. 6, Part B – Family-Based Immigrants
USCIS Policy Manual, Vol. 6, Part F – Employment-Based Classifications, Ch. 1 – Purpose and Background
USCIS.gov: Adjustment of Status
Travel.State.gov: Family Immigration; Employment-Based Immigrant Visas; The Visa Bulletin

Important Disclaimer

Immigration policies and regulations are complex and frequently subject to change. The information contained in this roadmap is intended to provide a general overview and may not address your particular circumstances and needs. Serotte Law will assist you with the application and documentation process and answer any questions you may have about the pros and cons of AOS and IVP. Request a consultation or give us a call at 888-875-8110.

Need Personalized Guidance?

Our experienced immigration attorneys can guide you through every step of the process. Schedule a consultation to discuss your specific situation.

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