AOS from ESTA, chapter 2

[portorusa 431]

I previously wrote our story. My French husband had his CR1 interview on December 4, 2019 and was put on Administrative Processing for a missing document. Fast forward to March 2020, and Paris Embassy finally contacted him that his visa was ready and they needed his passport to put the visa in it.

By then my husband was in the US visiting me, then corona started, and his flight was

cancelled. 

After some careful consideration of all the circumstances we decided to do AOS from the United States. We politely informed Paris Embassy about our decision and asked the Embassy to withdraw the CR1 visa application and send husband’s documents to our address in the United States. 

Today we received their response:

—————————

Thank you for your email.

 

We are unable to send documents to the United States.  If you are determined to cancel your immigrant visa application, please provide an address in France to receive your documents.

 

You are unable to adjust status as a Visa Waiver Program participant (on ESTA). For more information, please see: https://www.uscis.gov/visit-united-states/change-my-nonimmigrant-status.

 

VWP travelers currently in the United States who are unable to depart by the end of their authorized period of admission due to an emergency may seek relief by applying for Satisfactory Departure. This discretionary authority permits United States Citizenship and Immigration Services (USCIS) and U.S. Customs and Border Protection (CBP) to extend a VWP traveler’s admission for a period not to exceed 30 days in order to allow the VWP traveler to depart the United States without penalty.

VWP travelers can apply for Satisfactory Departure by contacting the local USCIS office or through the local CBP port of entry (including deferred inspection locations).

USCIS Field Office Link: https://www.uscis.gov/about-us/find-uscis-office/field-offices

CBP Deferred Inspection Site: https://www.cbp.gov/contact/ports/deferred-inspection-sites

 

We will keep your CR-1 application  for you pending your response.  

 

Sincerely, 

Immigrant Visas

U.S. Embassy Paris

——————————————-

What do you smart people think of this email? Especially about the paragraph in bold (which the Embassy emphasized, not me)?

P.S. I am not asking what we should do...we already mailed the AOS package, and are not turning back.

[Dashinka 24,917]

The link they provided appears to apply to an individual attempting to adjust status as it mentions a K1 (a K1 can adjust status once they are married to the petitioner of the I129f, but they cannot adjust by themselves or if they married someone else).  I am not aware of any changes that would not allow the spouse of a USC currently in the US from completing AOS.

 

Good Luck!

 

 

[Crazy Cat 42,620]

Adjustment of Status is barred for VWP........unless immediate relative of a US Citizen.....so, your spouse can legally adjust status.

 

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7

"C. Visa Waiver Programs

An alien admitted as a nonimmigrant without a visa under a Visa Waiver Program is barred from adjustment of status. ^[8]Similarly, an alien admitted as a nonimmigrant without a visa to Guam or to the CNMI is barred from adjustment of status. ^[9] These bars do not apply, however, to those seeking to adjust status as an immediate relative of a U.S. citizen or VAWA-based applicants."

 

BTW, their reference refers to Change of Status...which is different from AOS.

 

Edited April 29, 2020 by Lucky Cat

[Boiler 46,310]

Hundreds of thousands of people who have done so say otherwise.

[Crazy Cat 42,620]

deleted

Edited April 29, 2020 by Lucky Cat

[arken 4,197]

One way to go is file for AOS and USCIS will automatically ask the embassy your package back thru NVC.

The embassy will not send back the package to USCIS per your request/order.

[portorusa 431]

Thanks, everyone! I know that we can do AOS, we even called USCIS before to ask this and they confirmed that yes it was possible in our situation.

I am just surprised that the Embassy is playing dumb🧐

47 minutes ago, arken said:

One way to go is file for AOS and USCIS will automatically ask the embassy your package back thru NVC.

 

Are you sure it works like this?

[Ontarkie 14,564]

I would finish with the Embassy when they open. THe wait to AOS is going to be a long one. You are already at the end even with rescheduling it's going to be several months faster than AOS. 

[Ontarkie 14,564]

Adding that also since his visa was approved, just not in his passport you will be starting all over. 

[portorusa 431]

Thanks for the responses! His visa is not approved, the status is still REFUSED (due to Admin.Processing). Even though the Admin.Processing is complete, the Embassy has not updated. Maybe because they don't have my husband's passport. 

With the current shaky global situation, the US Embassies abroad closed, the erratic President with his stupid EOs, somehow we feel safer to be together where we are. We do not trust Paris Embassy, and we have many reasons not to trust them. We've already crossed the Rubicon as it is clear that in our case the AOS is a better choice because in the long run, the "pluses" outweigh the "minuses" (actually, the only "minus" is the time waiting for the green card).

[Boiler 46,310]

The waiting time for AP and EAD.