Canadian applying for a CR1 visa considering AOS

[rexalite 0]

I am considering doing an adjustment of status on my CR1 visa as I am currently in the US. I entered as a tourist, but with no I-94 or any other stamp as I entered from Canada. My intention was to visit for a few weeks, but I had a medical problem with my pregnancy and was I unable to travel for months which resulted in an overstay. I have documentation from my doctor that I was advised not to travel - he put me on bedrest for 6months. My CR1 application has been making its way through, and I just got an interview scheduled, but now I am concerned that if the topic of the length of time I have been in the US comes up at my interview and I could be in for a big hassle. I understand that I wouldn't be subject to a ban, but that it could be a big administrative hassle.

If I cancel my CR1 interview and file AOS instead, how long can I expect it would take? I looked atthe timelines, but it seems like most people are filing an AOS from K1 or K3 visa and I'm not sure if it would be the same as someone filing in my circumstances. Do I have to refile all those forms and redo the background check or do they just reschedule me for an interview at a local office? I am really concerned about the length of time it would take to process an AOS as I would be unable to travel back to Canada while it is in process because of the overstay issue, and i have aging parents.

I feel like I'm trying to decide between two unknowns and it is very hard to know what to do.

[Reba 2]

The processing timeline would be the same as for a K1 or K3 adjusting in your district. You will have to submit all the same paperwork again, with the AOS fee of $1010.

I wouldn't advise it actually, just go ahead with the CR1 interview in Montreal and bring your medical information regarding your bedrest from your OB. If there are any consequences, they would be more likely to occur when adjusting from visitor status, rather than thru your CR1 application I think.