AOS vs waiting for interview

[INF 96]

Hi guys.

 

I am a Canadian currently in the US, quarantining with my husband (been 3 months now). Our NVC processing completed in May and now we are waiting for the interview. The border is still closed and I am wondering if I should adjust my status instead.
 

From reading around the forum it looks like EAD/AP documents are being approved and biometrics are being waived. It sounds like this will take around 6 months time despite COVID? Anyone have any other timelines for this?

[Quarknase 1,072]

What visa are you currently on? Are you risking overstay?

Montreal Embassy is known to have a huge backlog and with NVC DQ in May you’re certainly not on the top of the waiting list. If you are able and willing to stay in the US until EAD & AP have been approved, it’s probably the more convenient (and costly) route. EAD & AP took around 6-8 months pre-covid, I’m not sure if the timeline can still be anticipated. Note that while waiting, you cannot leave the US not work (even remotely for a Canadian company).

Also one big difference of AOS from within the country is form I-944 (public charge) - I have heard that it’s a pain to fill out.

Do you have all papers with you that would be required for filing, or could someone mail them to you?

[Crazy Cat 41,888]

2 hours ago, INF said:

Hi guys.

 

I am a Canadian currently in the US, quarantining with my husband (been 3 months now). Our NVC processing completed in May and now we are waiting for the interview. The border is still closed and I am wondering if I should adjust my status instead.
 

From reading around the forum it looks like EAD/AP documents are being approved and biometrics are being waived. It sounds like this will take around 6 months time despite COVID? Anyone have any other timelines for this?

If you file for Adjustment of Status now, you will be unable to leave the US or work for 5-7 months...maybe longer.  Getting your Green Card could take months also......and as @Quarknase stated, the I-944 is no fun according to all the posts I see.

Only you can know which route is better.......but you have already traveled a long, long way to this point.  Personally, I don't think I would change horses in the middle of this stream.......but I wish you well on the rest of your journey, whichever route you take.

Edited July 4, 2020 by Lucky Cat

[INF 96]

42 minutes ago, Quarknase said:

What visa are you currently on? Are you risking overstay?

Montreal Embassy is known to have a huge backlog and with NVC DQ in May you’re certainly not on the top of the waiting list. If you are able and willing to stay in the US until EAD & AP have been approved, it’s probably the more convenient (and costly) route. EAD & AP took around 6-8 months pre-covid, I’m not sure if the timeline can still be anticipated. Note that while waiting, you cannot leave the US not work (even remotely for a Canadian company).

Also one big difference of AOS from within the country is form I-944 (public charge) - I have heard that it’s a pain to fill out.

Do you have all papers with you that would be required for filing, or could someone mail them to you?

Im on tourist visa, and as a Canadian I have been told I can stay for 6 months...It’ll be 6 months in September  it sounds like I cannot remotely work for my CAnadian company which was my plan! 

[Loren Y 2,755]

US-Canadian boarder is open to Canadian permanent residents and citizens, why do you say you can't return to Canada?

 

https://www.cbsa-asfc.gc.ca/services/covid/canadians-canadiens-eng.html

 

Also as a side note, I have never seen an EAD/AP card issued without bio metrics being done. It is impossible to produce the card without them. I have seen renewals processed without new fingerprints ( My wife's renewal was exempt from new Bio-metrics), but never the new first issue.

Edited July 4, 2020 by Loren Y

[INF 96]

19 minutes ago, Loren Y said:

US-Canadian boarder is open to Canadian permanent residents and citizens, why do you say you can't return to Canada?

 

https://www.cbsa-asfc.gc.ca/services/covid/canadians-canadiens-eng.html

 

Also as a side note, I have never seen an EAD/AP card issued without bio metrics being done. It is impossible to produce the card without them. I have seen renewals processed without new fingerprints ( My wife's renewal was exempt from new Bio-metrics), but never the new first issue.

I should have been more clear, it would be hard for me to return to the US after leaving for Canada! 

[igoyougoduke 1,656]

6 minutes ago, INF said:

I should have been more clear, it would be hard for me to return to the US after leaving for Canada! 

once you leave US, you need to have your green card to reenter in the current situation of COVID. That again depends on embassies being open and your case getting processed. Though there is nothing in your situation that prevents you to enter canada 

[Loren Y 2,755]

1 hour ago, INF said:

I should have been more clear, it would be hard for me to return to the US after leaving for Canada! 

Shouldn't be too hard to re-enter the US. Most countries allow exceptions for spouses and immediate family members. For example, I am married to a Thai citizen, and am going back to Thailand soon since they have reopened international travel. Not for tourists or anything like that, but spouses of permanent residents and citizens are exempt from the restrictions as I am a immediate family member by marriage. I will have to check the restrictions on entering the US, but I'm sure they have the same rules in place, and as you are a spouse of a US citizen, you should be able to enter the US because you will fall under the exceptions that are in place. I will so some searching when I get home and post what I can find out, but I'm pretty sure you can return.

[geowrian 22,337]

2 hours ago, Loren Y said:

Also as a side note, I have never seen an EAD/AP card issued without bio metrics being done. It is impossible to produce the card without them. I have seen renewals processed without new fingerprints ( My wife's renewal was exempt from new Bio-metrics), but never the new first issue.

I have seen a few reports of them waiving new biometrics for the card, and instead re-using the ones obtained by DOS or CBP to do background checks. (Edit: if the OP entered via land, they probably never took them so that would not apply anyway)

The cards themselves show "Unavailable" in the biometric section of the card.

 

Although, this was during the middle of the shutdowns...ASCs are supposedly going to start reopening soon, so I would not expect it to be the norm to have them waived unless things shutdown again.

Edited July 5, 2020 by geowrian

[Devint 47]

4 hours ago, INF said:

Hi guys.

 

I am a Canadian currently in the US, quarantining with my husband (been 3 months now). Our NVC processing completed in May and now we are waiting for the interview. The border is still closed and I am wondering if I should adjust my status instead.
 

From reading around the forum it looks like EAD/AP documents are being approved and biometrics are being waived. It sounds like this will take around 6 months time despite COVID? Anyone have any other timelines for this?

The border is not closed. I just landed in Minneapolis from Toronto last week. I wouldnt mess around with it, just go home, quaramtine for two weeks (mandatory) and come back. The land border is closed, but you can fly to your hearts content. Im also waiting on montreal,  but not holding my breath. It will be a very long time until interviews are rescheduled. Just visit, and risk nothing. Just my opinion 

[INF 96]

26 minutes ago, Devint said:

The border is not closed. I just landed in Minneapolis from Toronto last week. I wouldnt mess around with it, just go home, quaramtine for two weeks (mandatory) and come back. The land border is closed, but you can fly to your hearts content. Im also waiting on montreal,  but not holding my breath. It will be a very long time until interviews are rescheduled. Just visit, and risk nothing. Just my opinion 

I am too under the same impression that the interviews will likely start getting rescheduled next year. I think it is likely that I have a 1 year wait at least before I get scheduled. I agree that it is best to go back to Canada and then re-enter at a later date! 

[Canerican 242]

10 hours ago, Loren Y said:

Shouldn't be too hard to re-enter the US. Most countries allow exceptions for spouses and immediate family members. For example, I am married to a Thai citizen, and am going back to Thailand soon since they have reopened international travel. Not for tourists or anything like that, but spouses of permanent residents and citizens are exempt from the restrictions as I am a immediate family member by marriage. I will have to check the restrictions on entering the US, but I'm sure they have the same rules in place, and as you are a spouse of a US citizen, you should be able to enter the US because you will fall under the exceptions that are in place. I will so some searching when I get home and post what I can find out, but I'm pretty sure you can return.

 

 

If OP does indeed go back to Canada and wait out the rest of the process and want to visit their spouse in the US they will need to prove strong ties to Canada such as employment, property, etc. to prove that they will go back as they have immigrant intent having a spouse in the US. There are no exceptions to this rule. CBP assumes immigrant intent unless you can prove otherwise. The onus is on the person entering to prove they will not adjust status. 

[Loren Y 2,755]

1 hour ago, CDN(ON)-USA(VT) said:

 

 

If OP does indeed go back to Canada and wait out the rest of the process and want to visit their spouse in the US they will need to prove strong ties to Canada such as employment, property, etc. to prove that they will go back as they have immigrant intent having a spouse in the US. There are no exceptions to this rule. CBP assumes immigrant intent unless you can prove otherwise. The onus is on the person entering to prove they will not adjust status. 

This is true of anyone coming to visit, even on a tourist visa, or a fiancee coming with a K1 pending, or in this case a spouse waiting on a CR-1. But, it is not like she is trying to enter from Nigeria or something, she is coming from Canada, and it is pretty rare that they are going to refuse entry to someone from Canada coming to visit ( Especially if she has shown she has come and returned before within the authorized stay). The risk of not being able to come back is not very great in this case. But you are right, everyone is considered to have immigrant intent, but there are other things they look at also. She already mentioned she has employment, and I am assuming a place to stay. OP has to decide, but risking a issue by overstaying to AOS always seems to come back to haunt people. Lets say she stays to adjust and the process doesn't complete ( Divorce or something) now she will have a very hard time ever visiting the US again as she has overstay on her record.

[RCable 75]

As someone who was in the exact same situation as you, here’s my opinion & experience on it...

 

My husband got DQ on his CR1 in early April. And as you know, Canada had a long wait from DQ to the interview before COVID. Now we are looking at an even longer wait!

 

He came down to visit me for my birthday in February. He was planning on staying until the end of July and we thought his interview might be around August. That timing worked great for us. He was laid off recently and he sold his home in Canada to help with money and prepare for the move. But he didn’t have a real home to go back to. But for 1-2 months he could suck it up.

 

Then COVID happened and we had to really evaluate things. It would be tough for me to visit him in Canada this year because of work. And he wouldn’t be allowed back to the US for 6 months after his visit (or until he got his visa). We debated the pros & cons for weeks. It was not an easy decision at all. 
 

Ultimately, we decided to apply for AOS instead. I can’t stress how hard of a decision this was to make for us. But, I feel like we made the right choice. We sent off the AOS packet at the end of April. They’ve already reviewed our paperwork (we know because we got a letter about making sure we bring the physical paperwork to the interview, and that if our interview is waived then we will receive an RFE for it). 
 

Some cons for us:

1.) We has to pay another $1225.

2.) He can’t leave the US until he gets advanced parole which is currently taking 4.5-7 months for our service center. (So if a family was sick or something before getting AP, he can’t go back without forfeiting everything and having to start the visa process again). 

3.) We are starting the process over again after getting so close to the CR1.

 

Pros:

1.) After 4 years of long distance, we are together. We have gotten to spend the last 4 months together and we don’t have to say goodbye at the end of this month. Honestly, this reason alone was enough for me. It has been amazing, especially being together through everything going on in the world.

2.) There’s a chance this process will go faster than waiting for an interview at Montreal. Not many people on this forum understand what waiting for Montreal is like. It’s so long! And it was super long before this year!

3.) All of the processing will be done locally. He can go for his medical, biometrics, & interview all within an hour of where we live. Whereas with the CR1, he would have had to spend quite a bit of money to go to Montreal for at least a week to take care of his medical & interview. Then go back to Calgary and wait for his visa to be mailed back to him. Now, everything will just be done here. No need for long & expensive trips. Which sort of makes up for the $1225 cost. 
 

You have to make the right decision for you and only the two of you will know what that is. Don’t let the negative comment sway you though. Only you know what your exact situation is. For us, this was the best decision both financially and emotionally. Even if he has to wait 2yrs for AOS, it will have been the right decision for us. Once he gets Advanced Parole and his EAD, he can travel & work in the US while he waits for this green card. I can support us both while he waits for that. But if he went back to Canada and had to wait another 4-6+ months for an interview, while looking for work & a place to stay long term, that would be really tough financially. 
 

None of us could have seen COVID-19 coming, so we just have to make the best decisions for ourselves now.

 

Good luck with whatever you decide! 

[RCable 75]

Also, once you submit the AOS and get the NOA, you are not at risk of overstaying.