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RCable

CR1 to AOS - Canadian in the US - Thoughts

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

I apologize if this has already been asked and if it's in the wrong forum. I'm trying to find some specific advice/answers.

Background:
I'm a US citizen and my husband is Canadian. We have been going down the CR1 route and are currently waiting for DQ (we submitted our documents on January 30th). Canada (before COVID-19) had a 3-5 month wait from DQ to the interview letter. So we were already looking at August IF we got DQ early next month. Now with everything being shut down, who knows how long that would take?

On February 18th, my husband came down to the US with the intent to visit for 5 months. He told border control about his visit and his return date (we have a return ticket booked for July 30th). 

However, now with everything going on, we are contemplating the AOS route. But I'm not sure if we're able to or not or how the process really works when we're already this far. When I search for it, I just see so many people saying it's visa fraud. So I have some questions:

1.) Are we able to go with the AOS since he didn't come down here with the intent of doing this? 
2.) We already have the I-130 approved, does this speed the process up at all or are we not allowed to go with AOS as we're too far into the CR1 process? What is the approximate timeline if we already have I-130 approved?
3.) Since he will likely be overstaying his 6 month allowance in the States, will he get in trouble for overstaying while we wait for AOS?
4.) Would he be able to travel within the US while waiting for AOS? (We have a trip planned for late October)?
5.) Where do the interviews take place, does each state have a location or is specific consulates (like how Canada only has Montreal).?

Financially, it doesn't really make a difference to us either way. He doesn't have a job in Canada. If anything, him staying here would be cheaper for us in the long run. It would probably be a tough decision for us to make since we are so far into the CR1 process. But I just can't imagine him going back in July and having to wait another 6-10 months for an interview. It would be different if Canada didn't have such a backlog as it was. 

Thanks for any advice & guidance you can provide! 
 

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Filed: Citizen (apr) Country: Taiwan
Timeline
9 minutes ago, RCable said:

I apologize if this has already been asked and if it's in the wrong forum. I'm trying to find some specific advice/answers.

Background:
I'm a US citizen and my husband is Canadian. We have been going down the CR1 route and are currently waiting for DQ (we submitted our documents on January 30th). Canada (before COVID-19) had a 3-5 month wait from DQ to the interview letter. So we were already looking at August IF we got DQ early next month. Now with everything being shut down, who knows how long that would take?

On February 18th, my husband came down to the US with the intent to visit for 5 months. He told border control about his visit and his return date (we have a return ticket booked for July 30th). 

However, now with everything going on, we are contemplating the AOS route. But I'm not sure if we're able to or not or how the process really works when we're already this far. When I search for it, I just see so many people saying it's visa fraud. So I have some questions:

1.) Are we able to go with the AOS since he didn't come down here with the intent of doing this? 
2.) We already have the I-130 approved, does this speed the process up at all or are we not allowed to go with AOS as we're too far into the CR1 process? What is the approximate timeline if we already have I-130 approved?
3.) Since he will likely be overstaying his 6 month allowance in the States, will he get in trouble for overstaying while we wait for AOS?
4.) Would he be able to travel within the US while waiting for AOS? (We have a trip planned for late October)?
5.) Where do the interviews take place, does each state have a location or is specific consulates (like how Canada only has Montreal).?

Financially, it doesn't really make a difference to us either way. He doesn't have a job in Canada. If anything, him staying here would be cheaper for us in the long run. It would probably be a tough decision for us to make since we are so far into the CR1 process. But I just can't imagine him going back in July and having to wait another 6-10 months for an interview. It would be different if Canada didn't have such a backlog as it was. 

Thanks for any advice & guidance you can provide! 
 

1.  Yes

2.  No.......not relevant......

3.  No....but he should file the package before overstaying.

4.  Yes.

5.  Adjustment of Status interview will be determined by your local office ( state in which the applicant resides).

Edited by Lucky Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
On 3/23/2020 at 10:35 AM, Lucky Cat said:

1.  Yes

2.  No.......not relevant......

3.  No....but he should file the package before overstaying.

4.  Yes.

5.  Adjustment of Status interview will be determined by your local office ( state in which the applicant resides).

Thanks so much for your answers!

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