CR1 DQ but contemplating AOS on ESTA - please advise -

[MaryKate88 3]

Hi all, 

 

I am new here but have been following the site for quite a while now and have read up a lot across the forums. I feel uncertain about the current situation and would appreciate your insights. Thanks in advance!

 

So I am Dutch citizen, married to a USC. We put in our I-130 petition last year June and got DQ from NVC last month. I have entered the US last week on ESTA to visit my husband. Our plan was to keep our consular CR-1 processing as we have already made it this far. But given the recent events with embassies being closed for visa processing, the travel ban and the announced EO (which really was the last straw that made us feel very uncertain)...we feel like things are changing really fast and we have no idea how long we would be separated when I return home. We both didn't really know the process of AOS until now and wonder if that would be an option as we don't wish to be separated from each other with no end date in sight. Like other posters have pointed out, we wonder if it is wise to be abandoning CR-1 process now? Is there a difference in chances of getting approved/rejected between the two methods? 

 

The whole situation is so worrisome, have been especially anxious when we were apart. Flying here was already an experience, I don't wish to imagine how it's going to be, me going home waiting for consular processing (not knowing when we will have an interview date and how to get medical) and to to fly back again. And the possibility of this a too long a process that my husband will want to visit me in The Netherlands in the mean time.

 

Any thoughts are appreciated! thank you

Edited April 22, 2020 by MaryKate88

[Crazy Cat 41,305]

Adjusting of Status is a legal option for you.  Just be aware of the travel and work restrictions associated with the process.

 

 

Edited April 22, 2020 by Lucky Cat

[portorusa 431]

We have abandoned CR1 through Consular Processing , at the very last stage. My French husband is on ESTA visiting me, his US citizen wife. Meanwhile his immigrant visa became ready in Paris, the Embassy asking for the passport to be returned to put the visa in it. However, after some consideration my husband and I decided not to take a risk of traveling during Pandemic and being separated from each other for who knows how long. We are applying for AOS from the United States. Better safe than sorry. 

Good luck to you with whatever decision you make!

[MaryKate88 3]

On 4/22/2020 at 11:59 AM, Lucky Cat said:

Adjusting of Status is a legal option for you.  Just be aware of the travel and work restrictions associated with the process.

 

 

Thank you for your kind reminder, will definitely be weighing all the pros and cons.

[MaryKate88 3]

On 4/22/2020 at 12:17 PM, portorusa said:

We have abandoned CR1 through Consular Processing , at the very last stage. My French husband is on ESTA visiting me, his US citizen wife. Meanwhile his immigrant visa became ready in Paris, the Embassy asking for the passport to be returned to put the visa in it. However, after some consideration my husband and I decided not to take a risk of traveling during Pandemic and being separated from each other for who knows how long. We are applying for AOS from the United States. Better safe than sorry. 

Good luck to you with whatever decision you make!

Thank you for sharing your story with me! Always feels nice knowing we are not alone in this situation  I wish you lots of luck in filing your AOS and stay safe!

[Cristina280390 60]

I am in a similar situation. I am currently on a B1/B2 visitor visa, I was just spending time here while my case moved forward at the NVC, so that I would only have to spend a couple months away from my husband. I already had tickets to return when my country went on lockdown. With no certainty of when the country will open up and when travel will be available, my tourist visa running out in one month  and the NVC  giving me an RFE asking me for prison and court records that are only obtainable in person. We discussed options with a lawyer and he recommended that I file for adjustment of status, since I have an approved I-130 (filed April 2019 and accepted September 2019) and extensive evidence that I did not commit fraud entering with my tourist visa, since I had planed all along to go back to Peru and go through with the consular processing (all docs submitted in CEAC and NVC fees paid, plus flight tickets to Peru).

[Just Paul 4,595]

37 minutes ago, Cristina280390 said:

I am in a similar situation. I am currently on a B1/B2 visitor visa, I was just spending time here while my case moved forward at the NVC, so that I would only have to spend a couple months away from my husband. I already had tickets to return when my country went on lockdown. With no certainty of when the country will open up and when travel will be available, my tourist visa running out in one month  and the NVC  giving me an RFE asking me for prison and court records that are only obtainable in person. We discussed options with a lawyer and he recommended that I file for adjustment of status, since I have an approved I-130 (filed April 2019 and accepted September 2019) and extensive evidence that I did not commit fraud entering with my tourist visa, since I had planed all along to go back to Peru and go through with the consular processing (all docs submitted in CEAC and NVC fees paid, plus flight tickets to Peru).

You have a legitimate reason to file and should do so if your are comfortable with not being able to travel or work for several months.  Simply file the AOS package plus the I-944 and pay the AOS fee.   You can look up the timlines on the USCIS site for your field office to get a range of months,

[MaryKate88 3]

So should we decide to do AOS, do we need to explain ourselves? When I entered USA on ESTA to visit my husband it was not with the intention of wanting to do AOS. Return ticket was booked for 3 weeks later. And ofcourse the fact we got so far as being DQ.

Edited April 24, 2020 by MaryKate88

[Crazy Cat 41,305]

1 minute ago, MaryKate88 said:

So should we decide to do AOS, do we need to explain ourselves? When I entered USA on ESTA to visit my husband it was not with the intention of wanting to do AOS. Return ticket was booked for 3 weeks later. And ofcourse the fact we got so far as being DQ.

It would be exceedingly rare if the subject ever arose.........you can stop worrying about that.......