China, I-130, Coronavirus, AOS? (merged threads)

[Jeff and Mei 19]

My wife is Chinese.  We filed an I-130 14 months ago that was approved at Nebraska this week. 

She also has a visitor visa and has been here in the states with me a large part of the time.  She has traveled back and forth 3 times since we started.  This last time, her return flight was cancelled due to the virus.  So she is here indefinitely now.  I applied for an extension of her visitor visa even though that was probably not necessary since she can't leave anyway.

We intended to go through the normal visa process and do the interview in China.  Now, who knows when things will back to normal?

My question is, can we file an I-485 and adjust status since she is here in the states?  The I-130 states that she is in China, and that process of sending the package to the NVC and then eventually on to the Chinese consulate will continue.  If I file for AOS how will the two processes be reconciled?  Is AOS even an option?  thanks

 

[Lil bear 4,189]

10 minutes ago, Jeff and Mei said:

My wife is Chinese.  We filed an I-130 14 months ago that was approved at Nebraska this week. 

She also has a visitor visa and has been here in the states with me a large part of the time.  She has traveled back and forth 3 times since we started.  This last time, her return flight was cancelled due to the virus.  So she is here indefinitely now.  I applied for an extension of her visitor visa even though that was probably not necessary since she can't leave anyway.

We intended to go through the normal visa process and do the interview in China.  Now, who knows when things will back to normal?

My question is, can we file an I-485 and adjust status since she is here in the states?  The I-130 states that she is in China, and that process of sending the package to the NVC and then eventually on to the Chinese consulate will continue.  If I file for AOS how will the two processes be reconciled?  Is AOS even an option?  thanks

 

Yes AOS is definitely an option. File the I485 with a copy of the NOA1 for the I130. Not sure if you need to contact USCIS now or when the I130 is approved to advise them of the change 

File for Employment and Travel

Authorization at the save time (fees for these two are waived if concurrent filing)   

[geowrian 22,337]

Yes, she can file for AOS.

 

53 minutes ago, Lil bear said:

Not sure if you need to contact USCIS now or when the I130 is approved to advise them of the change

If USCIS has the I-130, they will match it up.

If NVC has it, USCIS is supposed to request it from them.

 

1 hour ago, Jeff and Mei said:

I applied for an extension of her visitor visa even though that was probably not necessary since she can't leave anyway.

She will have a period of authorized stay once she files the I-485. So the EOS application wouldn't have been needed if you filed before hr I-94 expires.

You did not apply for an extension of status (EOS). She did. You have no role in her EOS application, other than to possibly assist with preparing the paperwork.

 

If AOS had not been possible (it is here), then EOS would have been necessary to allow her to stay. There is no amnesty of overstay due to the current conditions.

 

Edit: I'm unsure on being "unable" to leave. AFAIK, China is repatriating citizens just fine...it's actually the near-sole cause of new cases there now.

Edited March 29, 2020 by geowrian

[Jeff and Mei 19]

Our I-130 was just approved.  Wife is Chinese.  She has a tourist visa, and has been here several times during the wait for the I-130.  Her return trip to China in February was cancelled due to the coronavirus, now she is stuck here in USA indefinitely.  Of course the Guangzhou embassy is not issuing visas at this time.  I have applied for a 6 month extension of her visitor visa.

 

I know we can actually adjust status here in the USA since she is here and has the approved I-130.  Which would be quicker?  My service center in Montgomery Alabama gives 8 to 30 months for I-485 approval.  Under normal conditions we could complete the process in China in probably 6 months.

Nobody knows when the virus will go away, or when flights to and from China will resume.  Our preference is to complete the process in China since she needs to go home for a while anyway.

I guess my question is what would you do in this situation ?

Thanks

[Ryan H 3,812]

***Post merged with existing thread and another identical post in another thread removed; please do not post identical content across the forums.  Merged thread moved to General Immigration-Related Discussion.***

 

On ‎4‎/‎4‎/‎2020 at 8:28 AM, Jeff and Mei said:

Our I-130 was just approved.  Wife is Chinese.  She has a tourist visa, and has been here several times during the wait for the I-130.  Her return trip to China in February was cancelled due to the coronavirus, now she is stuck here in USA indefinitely.  Of course the Guangzhou embassy is not issuing visas at this time.  I have applied for a 6 month extension of her visitor visa.

 

I know we can actually adjust status here in the USA since she is here and has the approved I-130.  Which would be quicker?  My service center in Montgomery Alabama gives 8 to 30 months for I-485 approval.  Under normal conditions we could complete the process in China in probably 6 months.

Nobody knows when the virus will go away, or when flights to and from China will resume.  Our preference is to complete the process in China since she needs to go home for a while anyway.

I guess my question is what would you do in this situation ?

Thanks