Canadian in America due to COVID19

[INF 96]

Hi guys, I am a Canadian and have been in America for the last two months quarantining with my husband. In the beginning, I did not think this would continue this long and was expecting to be back to work in Canada by now. and the border opened up again. However, nothing seems to have changed. The land borders are still closed. I am thinking of going back to Canada now, but I am worried of not being able to re-enter USA. I would love to stay, but have counted up my past visits and it totals ~2.5 months in the last calendar year, not counting this 2 month stay so I am at 4.5 months now. I am getting very worried staying any longer would count against me during the NVC processing of our I-130 petition. I did enter using my Nexus so they do have my entry date in their system through the land border. Am I overthinking this increasingly? 

[geowrian 22,338]

So what do you want to do? Finish processing in the US (AOS) or finish processing abroad (consular processing for a CR-1/IR-1 visa)?

[INF 96]

5 minutes ago, geowrian said:

So what do you want to do? Finish processing in the US (AOS) or finish processing abroad (consular processing for a CR-1/IR-1 visa)?

Well I am already in the NVC stage now for my I-130. I am guessing it is best to wait in Canada at this point? Can i adjust my status in the middle of 1-130 petition? I was only in America as a tourist. 

Edited May 11, 2020 by INF

[geowrian 22,338]

6 minutes ago, INF said:

Well I am already in the NVC stage now for my I-130. I am guessing it is best to wait in Canada at this point? Can i adjust my status in the middle of 1-130 petition? I was only in America as a tourist. 

Both are options since you are already in the US.

It's impossible to know which path is faster given the long delays at Montreal + consulates being effectively closed for interviews right now. AOS may or may not be faster, depending on local field office.

As for what's best, that's a person decision. AOS has multiple drawback like not being able to work or leave (and return) for ~4-7 months (and likely longer now...). But the advantage is being able to stay in the US together during the process.

[INF 96]

1 minute ago, geowrian said:

Both are options since you are already in the US.

It's impossible to know which path is faster given the long delays at Montreal + consulates being effectively closed for interviews right now. AOS may or may not be faster, depending on local field office.

As for what's best, that's a person decision. AOS has multiple drawback like not being able to work or leave (and return) for ~4-7 months (and likely longer now...). But the advantage is being able to stay in the US together during the process.

I did not realize that I can AOS while being in the middle of the I-130 process. Would I abandon my NVC petition and file for AOS instead? 

[geowrian 22,338]

1 minute ago, INF said:

I did not realize that I can AOS while being in the middle of the I-130 process. Would I abandon my NVC petition and file for AOS instead? 

You would file the I-485 packet with a copy of the I-130's NOA1. USCIS should request the approved I-130 from NVC when they need it.

Note that the I-485 packet includes an I-864 (plus supporting docs) and I-944 (and any supporting docs, if necessary). And payment, a cover letter, etc...all the normal stuff.

The I-131 and I-765 for AP (travel doc) and an EAD (work auth) should be included as well. There is no added fee for them in this case.

Check out the guide. Just note the I-944 is not included in it yet.

[INF 96]

3 minutes ago, geowrian said:

You would file the I-485 packet with a copy of the I-130's NOA1. USCIS should request the approved I-130 from NVC when they need it.

Note that the I-485 packet includes an I-864 (plus supporting docs) and I-944 (and any supporting docs, if necessary). And payment, a cover letter, etc...all the normal stuff.

The I-131 and I-765 for AP (travel doc) and an EAD (work auth) should be included as well. There is no added fee for them in this case.

Check out the guide. Just note the I-944 is not included in it yet.

Oh very interesting... I have started reading about AOS. That was never part of the game plan, but that may be possible now. We did pay all the NVC fees ... should we complete the NVC documents or simply file the AOS now if we decide to go down that path? 

 

Edit. It was not my intention to stay at all. The covid-19 fiasco was the reason I changed my mind. I will have to read the drawbacks. 

Edited May 11, 2020 by INF

[geowrian 22,338]

4 minutes ago, INF said:

Oh very interesting... I have started reading about AOS. That was never part of the game plan, but that may be possible now. We did pay all the NVC fees ... should we complete the NVC documents or simply file the AOS now if we decide to go down that path? 

 

Edit. It was not my intention to stay at all. The covid-19 fiasco was the reason I changed my mind. I will have to read the drawbacks. 

If you decide to do AOS, no need to do anything else at NVC.

 

Yup, understood. That seems to be the theme...lots of people here when the shelter in order, travel restrictions, and similar measures were put into place and are now doing AOS instead.

[INF 96]

1 minute ago, geowrian said:

If you decide to do AOS, no need to do anything else at NVC.

 

Yup, understood. That seems to be the theme...lots of people here when the shelter in order, travel restrictions, and similar measures were put into place and are now doing AOS instead.

This helps tremendously. Thank you!

[HRQX 4,145]

41 minutes ago, geowrian said:

USCIS should request the approved I-130 from NVC when they need it.

Thus we should mention that in some cases USCIS issues an RFE telling people to file I-824 but we don't have further updates on the resolution of those cases.

 

[HRQX 4,145]

@INF see above post

[geowrian 22,338]

14 minutes ago, HRQX said:

Thus we should mention that in some cases USCIS issues an RFE telling people to file I-824 but we don't have further updates on the resolution of those cases.

 

 

Yup, sometimes they make make mistakes.

 

The I-824 (https://www.uscis.gov/system/files_force/files/form/i-824.pdf) only lists 5 reasons to file it:

1) To request a duplicate (not this one!)

2) To notify a consulate of the approval if it differs from that of the petition/application. (Does not apply here)

3) Notify a consulate about a primary beneficiary's AOS application for follow-to-join (FTJ) purposes of derivative beneficiaries. (Not this either)

4) To make USCIS send an approved petition to NVC. (Not this - this is for when you filed the petition and marked AOS instead of consular processing, but then changed to consular processing)

5) To notify USCIS that you have naturalized. (Not this!)

[SusieQQQ 11,587]

15 minutes ago, HRQX said:

Thus we should mention that in some cases USCIS issues an RFE telling people to file I-824 but we don't have further updates on the resolution of those cases.

 

It’s irrelevant here but curious to me that uscis actually uses the wrong terminology in that letter. You do not “adjust status at a US consulate or embassy abroad”... 

[INF 96]

1 hour ago, geowrian said:

You would file the I-485 packet with a copy of the I-130's NOA1. USCIS should request the approved I-130 from NVC when they need it.

Note that the I-485 packet includes an I-864 (plus supporting docs) and I-944 (and any supporting docs, if necessary). And payment, a cover letter, etc...all the normal stuff.

The I-131 and I-765 for AP (travel doc) and an EAD (work auth) should be included as well. There is no added fee for them in this case.

Check out the guide. Just note the I-944 is not included in it yet.

For AOS we cannot use I-864EZ? Just started reading guides! 

Edited May 11, 2020 by INF

[HRQX 4,145]

3 minutes ago, INF said:

For AOS we cannot use I-864EZ? 

It can be used for AOS if appropriate.