Came for a visit..change from cr1 to aos

[Leeannejayson 8]

Hi guys.. 

I've been looking for the info but not really sure how to go about this. 

 I came with my new husband for a 2 month visit to CA, with no plans to AOS. As my brother is getting married in uk in august and we have other things happening. However... having arrived here, and then preparing to head back for these events we realised we don't want to keep putting life on hold and ready to make a life here in San diego. The wait for our i-130 is at 6 months already and  it's looking like it will take much longer to complete. So my question is, can we change our application to AOS? I-130 has not been approved as of yet. Do we cancel it and start again ? Or just wait for approval and then AOS? 

TIA X

Edited July 14, 2017 by Leeannejayson
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[DrEllaNJ 288]

if you change to AOS, you won't be able to make your brother's wedding since you need to stay here to adjust.

You can wait here and submit the i-485 when the i-130 is approved, but you can't work until you submit AOS/EAD/AP and get your EAD/AP card, so an additional 3-4 months after submitting AOS. AOS also costs an additional $1225.

If you wait the process out in the UK until you get your spousal visa, you won't need to go through AOS and you'll be able to work right away.

[Leeannejayson 8]

Just now, DrEllaNJ said:

if you change to AOS, you won't be able to make your brother's wedding since you need to stay here to adjust.

You can wait here and submit the i-485 when the i-130 is approved, but you can't work until you submit AOS/EAD/AP and get your EAD/AP card, so an additional 3-4 months after submitting AOS. AOS also costs an additional $1225.

If you wait the process out in the UK until you get your spousal visa, you won't need to go through AOS and you'll be able to work right away.

Thankyou for the info..Yes I am aware we won't be able to make the wedding but he can understand this is a big life change for us.. ..

[Cryssiekins 976]

If you've filed you I-130, you're not "putting your life on hold" - it's just a matter of waiting in line for immigration benefits, the same way everyone else is.  

 

I don't necessarily think it's fair to just decide to AOS bc you're here, as there are many people who are longing to be with a loved one and don't have the luxury to visit and decide to adjust, but since you didn't plan on it, you're more than welcome to legally do so :-)

 

You won't be able to change your application, so essentially you'd be starting over (back of the line, if you will) but if not working and not travelling won't be a concern for you, and you're prepared to be here long term, then why wait?  The only thing you're out is the filing fee, as you'll have a new one to submit. 

 

Best wishes! 

[Unlockable 7,316]

Could've filed the I-130 while here. Went back to help with and attend the wedding. Continued to make visits to your husband here until the I-130 was completed. 

[Leeannejayson 8]

1 hour ago, NuestraUnion said:

Could've filed the I-130 while here. Went back to help with and attend the wedding. Continued to make visits to your husband here until the I-130 was completed. 

I've already filed the i-130.. been waiting 6 months for it already, and I can travel no problem. I'm just worried I might not be let in next time as I have already spent a lot of time here in the last 2 years.. just simpler to adjust instead of the cost of back and forth with the worry...

[Leeannejayson 8]

2 hours ago, Cryssiekins said:

If you've filed you I-130, you're not "putting your life on hold" - it's just a matter of waiting in line for immigration benefits, the same way everyone else is.  

 

I don't necessarily think it's fair to just decide to AOS bc you're here, as there are many people who are longing to be with a loved one and don't have the luxury to visit and decide to adjust, but since you didn't plan on it, you're more than welcome to legally do so :-)

 

You won't be able to change your application, so essentially you'd be starting over (back of the line, if you will) but if not working and not travelling won't be a concern for you, and you're prepared to be here long term, then why wait?  The only thing you're out is the filing fee, as you'll have a new one to submit. 

 

Best wishes! 

That's fair...and again thanks for the info. Life is on hold for everyone as we have no certain answers. 

But I assume every single person waiting would do it if they could. We all want to be together sooner rather than later. I wish for everyone a speedy process, but sadly it's not the case. 😢 Its just something we are considering depending on the process and steps.... 

Edited July 15, 2017 by Leeannejayson
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[Cryssiekins 976]

13 hours ago, Leeannejayson said:

That's fair...and again thanks for the info. Life is on hold for everyone as we have no certain answers. 

But I assume every single person waiting would do it if they could. We all want to be together sooner rather than later. I wish for everyone a speedy process, but sadly it's not the case. 😢 Its just something we are considering depending on the process and steps.... 

That's why visa journey is such a great community bc you will always find support.  Family and friends are blissfully ignorant to the struggle of dating someone from another country and then trying to merge lives together in one.  Everyone here gets it though.

 

  I was fortunate enough to only be an hour away so driving visits were possible, but even for us, that distance was hard, never mind if we were separated by an ocean.

 

It doesn't sound like you're concerned with the wait time or the limitations of that route, so if it makes sense across other areas of your life - then stay and wait out the process with your love. :-)

 

I went the K1 route and we've been married 9 months, and although it's like a common phrase for people to say the first year of marriage is the toughest, I'm not finding that at all.  Yes, it's an adjustment bc I'm used to living alone and having a bf on the weekends, not living with someone and having him with me every day, so some growing pains in that regard, but otherwise, it's the greatest thing ever :-)

[DrEllaNJ 288]

13 hours ago, Leeannejayson said:

That's fair...and again thanks for the info. Life is on hold for everyone as we have no certain answers. 

But I assume every single person waiting would do it if they could. We all want to be together sooner rather than later. I wish for everyone a speedy process, but sadly it's not the case. 😢 Its just something we are considering depending on the process and steps.... 

I'd ignore the "I don't think it's fair" comments - just because you are in the position to make this choice, it doesn't mean you're cutting in front of the line. Just be aware of the drawbacks and extra costs involved.

 

Waiting for the spousal visa is probably another 6 months. 

 

I think you could perhaps actually file for AOS while the I-130 is pending, just include the i-130 NOA (i-797) when you file the i-485. I don't have experience with this though and you should probably read the instructions /google /ask others for opinions. 

[Dianalorena 1,153]

16 hours ago, Leeannejayson said:

That's fair...and again thanks for the info. Life is on hold for everyone as we have no certain answers. 

But I assume every single person waiting would do it if they could. We all want to be together sooner rather than later. I wish for everyone a speedy process, but sadly it's not the case. 😢 Its just something we are considering depending on the process and steps.... 

Just talking from experience, even the most upbeat and positive person will struggle with being supportive from time to time. Nothing personal. 

Most of us forced to be in long distance relationships, are on edge. It doesn't mean we don't wish you well, or that you don't deserve (or anyone for that matter) to be with your loved ones. But when we see people able to AOS  (even if you didn't enter with that intention, and no fraud is involved) it feels like we're being punched in the gut. As well, many people do intentionally enter with a tourist VISA, marry and adjust status, while a lot of us are doing it the legal, yet painful and long way. This is a heartbreaking and frustrating journey. I wish you the best in this process!

 

[Cryssiekins 976]

2 hours ago, Dilorena said:

Just talking from experience, even the most upbeat and positive person will struggle with being supportive from time to time. Nothing personal. 

Most of us forced to be in long distance relationships, are on edge. It doesn't mean we don't wish you well, or that you don't deserve (or anyone for that matter) to be with your loved ones. But when we see people able to AOS  (even if you didn't enter with that intention, and no fraud is involved) it feels like we're being punched in the gut. As well, many people do intentionally enter with a tourist VISA, marry and adjust status, while a lot of us are doing it the legal, yet painful and long way. This is a heartbreaking and frustrating journey. I wish you the best in this process!

 

Precisely!  I don't take issue with it but can't help but think when this does occur it only goes to creating more hurdles for people are then prohibited from visiting.

 

Absolutely nothing personal, and by all means I feel like if it is the right decision for their life, then go ahead and do it. 

 

Nothing but love for everyone 

[Dashinka 24,914]

The one thing you have to consider is that with the current CR1 at six months with approximately another 6-8 months to go, would it be better to wait that out even with the separation and get the GC now then start a new AOS which may take another 6-12 months with potentially additional scrutiny?  Beyond that, it is of course your decision.

 

Good Luck!

[Ryan H 3,834]

Moved from IR-1/CR-1 Progress Reports to Adjustment of Status from Work, Student, & Tourist Visas forum.

[DrEllaNJ 288]

On 7/15/2017 at 7:02 PM, Bill & Katya said:

The one thing you have to consider is that with the current CR1 at six months with approximately another 6-8 months to go, would it be better to wait that out even with the separation and get the GC now then start a new AOS which may take another 6-12 months with potentially additional scrutiny?  Beyond that, it is of course your decision.

 

Good Luck!

they wouldn't have to start all over, they can use the existing I-130 petition. But AOS requires 3/4 months of waiting for employment authorization, while coming in on CR1 would give permission to work right away.