AOS with Pending IR1 @ NVC Stage

[Duke & Marie 1,389]

 

Hi All.. 

 

As you can see from my timeline, we have an approved I130 and we are pending our 2nd doc submission at NVC Stage. 

 

We’ve had some problems with the acceptance of my criminal background check, basically NVC keep saying it’s the incorrect document because it dosent show an old Non-Criminal court matter from 2003 which was disclosed to them by me, but removed from my records due to its age (auto removed/deleted when 10yrs+). There are no records courts or otherwise, it’s been totally wiped other than proof of a $500 fine payment. 

 

We also requested an Expidite a little over a month ago. basically I was made redundant at the end of Feb and with the issues at NVC, we tried for an Expidite due to their error and delay in accepting the correct police certificate but it was declined yesterday, so now we’re waiting again for NVC to likely tell us for a third time it’s rejected because it dosent show this old court record and is therefore the wrong document even though it’s correct.

 

In addition to the above. Hubby and I got talking about my redundancy, the general cost of living in Aus and the coronavirus travel risks/bans, so we decided that rather than waste a big chunk of my redundancy payout on living expenses in Aus for the next 2-3 months or more that we’d take advantage of the cheap flights, save our money for a deposit on a house and that I’d go stay with him with the intent of flying back to Aus for my medical and interview.. 

 

but, now, given the Expidite denial, additional coronavirus Tavel bans being introduced today and the prospect of yet another police certificate denial at NVC stage.. we are considering Adjustment of Status options.. the initial thought of a 4-6 week Expidite process was far easier to swallow that what now could go on for another 3 months or longer pushing me out past the 90day ESTA plus additional travel ban risks from this virus and my esta 2 yr expiry in June  if I look to come back and visit again while the whole process plays out.

 

so I guess my question is:

1 - if we do decide to go AOS now what is the process given we’re already at NVC stage

2- roughly how much would the AOS process cost

3- roughly how long will it take before I could get Work Authority and SSN

4- can we file it direct at a local office here in NOLA or is it done online/snail mail

5- can I do some online short training courses (e.g. osha 30hr or similar) in prep for future work opportunities while AOS is processing?

 

Other than this stupid police certificate issue, everything documentation wise is perfect I’m highly educated with 2 masters degrees and both my hubby and I have always worked 20+ years and have never been in public benifits so Public Charge etc is not an issue and and we are fine as far as my staying home for a few months etc while this all gets processed, however work authority for me would be nice but not required provided it’s ok for me to do a couple of online short courses for transferable skills that might need an assessment or two.

 

any help would be appreciated. 

Edited March 12, 2020 by Duke & Marie

[Wayne386 127]

On 3/12/2020 at 1:33 AM, Duke & Marie said:

 

Hi All.. 

 

As you can see from my timeline, we have an approved I130 and we are pending our 2nd doc submission at NVC Stage. 

 

We’ve had some problems with the acceptance of my criminal background check, basically NVC keep saying it’s the incorrect document because it dosent show an old Non-Criminal court matter from 2003 which was disclosed to them by me, but removed from my records due to its age (auto removed/deleted when 10yrs+). There are no records courts or otherwise, it’s been totally wiped other than proof of a $500 fine payment. 

 

We also requested an Expidite a little over a month ago. basically I was made redundant at the end of Feb and with the issues at NVC, we tried for an Expidite due to their error and delay in accepting the correct police certificate but it was declined yesterday, so now we’re waiting again for NVC to likely tell us for a third time it’s rejected because it dosent show this old court record and is therefore the wrong document even though it’s correct.

 

In addition to the above. Hubby and I got talking about my redundancy, the general cost of living in Aus and the coronavirus travel risks/bans, so we decided that rather than waste a big chunk of my redundancy payout on living expenses in Aus for the next 2-3 months or more that we’d take advantage of the cheap flights, save our money for a deposit on a house and that I’d go stay with him with the intent of flying back to Aus for my medical and interview.. 

 

but, now, given the Expidite denial, additional coronavirus Tavel bans being introduced today and the prospect of yet another police certificate denial at NVC stage.. we are considering Adjustment of Status options.. the initial thought of a 4-6 week Expidite process was far easier to swallow that what now could go on for another 3 months or longer pushing me out past the 90day ESTA plus additional travel ban risks from this virus and my esta 2 yr expiry in June  if I look to come back and visit again while the whole process plays out.

 

so I guess my question is:

1 - if we do decide to go AOS now what is the process given we’re already at NVC stage

2- roughly how much would the AOS process cost

3- roughly how long will it take before I could get Work Authority and SSN

4- can we file it direct at a local office here in NOLA or is it done online/snail mail

5- can I do some online short training courses (e.g. osha 30hr or similar) in prep for future work opportunities while AOS is processing?

 

Other than this stupid police certificate issue, everything documentation wise is perfect I’m highly educated with 2 masters degrees and both my hubby and I have always worked 20+ years and have never been in public benifits so Public Charge etc is not an issue and and we are fine as far as my staying home for a few months etc while this all gets processed, however work authority for me would be nice but not required provided it’s ok for me to do a couple of online short courses for transferable skills that might need an assessment or two.

 

any help would be appreciated. 

Just reading everything seeing if I could provide any help while you await additional assistance.

 

1 - If you are already in the US, What stage is your NVC  process at? Also, you said that NVC is seeing incorrect court information, See if you can find what they are looking for probably by checking with the court that the old court case was, or see if there is anything on your record that you do not know about.

2 - The AOS cost is $1225

3 - Assuming all AOS process is the same, the time-frame would somewhat basically come down to you Local Office. You can check the processing times on the USCIS website.

4 - By my knowledge you would have to file the AOS packet by mail.

5 - You can definitely teach yourself anything you want for the field you want to work in. That can definitely keep you occupied while you wait.

 

But definitely check the court records and also try calling them if you haven't already to see if you can get some clarity.

[Duke & Marie 1,389]

4 hours ago, Wayne386 said:

Just reading everything seeing if I could provide any help while you await additional assistance.

 

1 - If you are already in the US, What stage is your NVC  process at? Also, you said that NVC is seeing incorrect court information, See if you can find what they are looking for probably by checking with the court that the old court case was, or see if there is anything on your record that you do not know about.

2 - The AOS cost is $1225

3 - Assuming all AOS process is the same, the time-frame would somewhat basically come down to you Local Office. You can check the processing times on the USCIS website.

4 - By my knowledge you would have to file the AOS packet by mail.

5 - You can definitely teach yourself anything you want for the field you want to work in. That can definitely keep you occupied while you wait.

 

But definitely check the court records and also try calling them if you haven't already to see if you can get some clarity.

Thanks ever so much for the response

 

We’ve been at NVC since Oct 2019.. everything was accepted except my police certificate, it was reviewed prior to second submittion by a supervisor but rejected by them also, because it dosent have the court record on it, so they’re saying it’s invalid.. we obtain a third certificate from AFP and submitted it about 5 weeks ago, but it’s identical and shows no priors. We’ve  double and triple checked with NVC recip docments, followed their guidance etc to get the certificate it’s defeinatley the correct one..

 

I’ve given them a statement disclosing full details (DUI 17 years ago, minimal BAL, basically if I’d of waited 10 min after the single drink I would have been under the limit, there was no arrest or convictions, just a fine and suspension)... I’ve provided an explanation of Aus laws saying they delete all records after 10 years if no reoffence.. the courts, police national archives etc deleted everything... I spoke with Fed Pol, they said as far as Aus is concerned I’m a perfect citizen with no priors and I’ve given NVC an email from the court house stating everything’s been deleted and that they will not provide a certificate of Not Available as it’s not standard practice. 

 

Like i said previously, I came to US while waiting for the Expidite approval with full intention of returning to Aus to finish off the process. But with its denial and this coronavirus, travel bans, quarantines, embassies temporarily closing etc.. we’re seriously considering my just staying and finishing off the process here, plus on top of that hubbies sick as a dog with a head cold and it’s ever so nice to be here to take care of him.

 

this is my 8th visit since we started the whole immigration process, we’ve been married very nearly 2 years and I’ve always gone home etc, but we’re now at the point where we are seriously over being apart due to administrative issue that are out of our control

 

 

Edited March 13, 2020 by Duke & Marie