AOS vs waiting for interview

[INF 96]

7 hours ago, RCable said:

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! 

Thank you for the information! Your husbands position is like it was written and I’m happy the AOS worked out! I am torn as I have a well paying job in Canada that I cannot simply give up without a similar job lined up in the states. We will likely talk to a lawyer this week and then decide which way to go! 

[INF 96]

44 minutes ago, INF said:

Thank you for the information! Your husbands position is like it was written and I’m happy the AOS worked out! I am torn as I have a well paying job in Canada that I cannot simply give up without a similar job lined up in the states. We will likely talk to a lawyer this week and then decide which way to go! 

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-6
 

This states that US citizens’ immediate relatives are not barred from adjusting their status even if they are “unauthorized” to work! 
 

We will be calling a lawyer this week to clarify this statement but looks good so far!

[Orangesapples 1,954]

17 hours ago, INF said:

Thank you for the information! Your husbands position is like it was written and I’m happy the AOS worked out! I am torn as I have a well paying job in Canada that I cannot simply give up without a similar job lined up in the states. We will likely talk to a lawyer this week and then decide which way to go! 

If I've learned anything in VJ, it's that most immigration lawyers are a waste of money and can do more harm than good. Your case is not complicated and you already have all the legal information you need from this forum. Now it all comes down to a judgment call about what you want to do. There's nothing a lawyer can contribute to this.