AOS while Consular Processing application pending

[cmb88 3]

Hi everyone,

 

Looking for some inputs on our situation.

 

We have an approved I-130 petition under consular processing. We are documentarily qualified at the NVC and are waiting for an interview at our consulate. Our consulate has a significant (many months) backlog, and given the COVID situation, we are not sure when they will resume operations.

My partner is in the US with me on a B2 visa. She is pregnant and we filed an I-539 to extend her status as we do not want to travel given COVID concerns and pregnancy.

 

Our concerns are traveling back to the home country given COVID concerns, length of time once the consulate does begin interviews again, as well as reobtaining necessarily police clearances (as these will likely expire prior to an interview being scheduled.) Due to this, we are considering filing for an AOS as she can remain in the US during this time. We would also file for EAD and travel authorization (just in case.)

 

At this point, are we eligible to file for an AOS so she can stay in the US? What are the pros/cons of doing this?

 

Appreciate your input.

[Tjg312 14]

from what I've read only con is that you lose out on the money you already paid... but if that's a non issue sounds like it's the best way for you to go

[portorusa 431]

Answering your question - yes, under the circumstances you are eligible to adjust status from the US if your spouse is a U.S. citizen. Many couples found themselves in the same situation. We are one of those. I am a US citizen. Our CR1 visa was ready to be issued in Paris but by then my French husband  was visiting me on VWP and got stuck due to the pandemic. After careful consideration we decided to do AOS. Basically, after 17 months we abandoned the consular processing at the very end (all the money/time spent for nothing) and started anew. The only bonus is an approved I-130.

Whatever decision you take, good luck!

[igoyougoduke 1,656]

9 hours ago, cmb88 said:

Hi everyone,

 

Looking for some inputs on our situation.

 

We have an approved I-130 petition under consular processing. We are documentarily qualified at the NVC and are waiting for an interview at our consulate. Our consulate has a significant (many months) backlog, and given the COVID situation, we are not sure when they will resume operations.

My partner is in the US with me on a B2 visa. She is pregnant and we filed an I-539 to extend her status as we do not want to travel given COVID concerns and pregnancy.

 

Our concerns are traveling back to the home country given COVID concerns, length of time once the consulate does begin interviews again, as well as reobtaining necessarily police clearances (as these will likely expire prior to an interview being scheduled.) Due to this, we are considering filing for an AOS as she can remain in the US during this time. We would also file for EAD and travel authorization (just in case.)

 

At this point, are we eligible to file for an AOS so she can stay in the US? What are the pros/cons of doing this?

 

Appreciate your input.

Nothing at all. File AOS if i-130 is approved

Edited June 2, 2020 by Donald120383

[cmb88 3]

Great. Thanks everyone, this is the confirmation that I was looking for.