E-2 employee while under AOS from K-1

[SusieQQQ 11,586]

1 hour ago, Akrapovic said:

The lawyers statement was that expedites are only possible when the biometrics appointment has been completed.

So now that ASCs have opened/are opening up he still thinks sending you overseas for an entire new visa application will be faster than a bio? Well...

[jan22 3,056]

Odds of qualifying for an E2 employee visa are slim -- it requires you to convince the consular officer that you intend to leave the US at the end of your employment -- very hard to do with an AOS filed, albeit abandoned by you leaving the US.

 

And -- more importantly -- I don't think Germany has resumed routine processing of non-immigrant visas, have they?

[Akrapovic 31]

51 minutes ago, SusieQQQ said:

So now that ASCs have opened/are opening up he still thinks sending you overseas for an entire new visa application will be faster than a bio? Well...

I don't know - I agree that it sounds quite absurd and maybe it is a path one shouldn't follow. I am just weighing options. And I am thankful for the opinions here! Involving a senator/congressman definitely sounds like a way to speed things up.

 

ASCs have been opening up for a number of days, but AFAIK nobody has received appointment letters since the shutdown in March. Not even re-scheduling is happening for those that had an interview cancelled.

If a furlough is indeed happening soon, people could be waiting till the end of the year or maybe longer to get an appointment for the biometrics. I would not like to be in that position.

[SusieQQQ 11,586]

31 minutes ago, Akrapovic said:

I don't know - I agree that it sounds quite absurd and maybe it is a path one shouldn't follow. I am just weighing options. And I am thankful for the opinions here! Involving a senator/congressman definitely sounds like a way to speed things up.

 

ASCs have been opening up for a number of days, but AFAIK nobody has received appointment letters since the shutdown in March. Not even re-scheduling is happening for those that had an interview cancelled.

If a furlough is indeed happening soon, people could be waiting till the end of the year or maybe longer to get an appointment for the biometrics. I would not like to be in that position.

People are definitely receiving bio appointments, I’ve seen posts mentioning that.

Anyway I would just advise you to look at things properly to ensure your desire for a short term speedier solution doesn’t make things harder in the longer term, which tbh seems to me the way you are heading with all this added complexity, but I don’t know all the details of your situation. 
Example: I’m assuming you don’t have AP yet either if no EAD. So if you leave for a visa interview you abandon AoS. Then what happens if you get denied for immigrant intent? Stuck overseas and your wife has to refile from the start again.

Edited July 15, 2020 by SusieQQQ

[milimelo 4,481]

For someone who just filed AOS in May, lots of fuss over nothing if you knew it would take minimum 6-8 months to get EAD/AP. 

[SusieQQQ 11,586]

With hindsight, this couple should have gone for CR1.

[JFH 12,190]

Food for thought for those still contemplating the options.... even in peacetime the EAD for K applicants was taking around 6 months.
 

I wouldn’t leave the country now and try to get a new visa. Not only would it be a massive hurdle to convince the CO of your non-immigrant intent (could even be the very same CO you stood before for your K-1 interview where you convinced him you want to move here to live with the love of your life and never be apart), but who knows what will happen next? What if you get back to your homeland and then an order is announced that suspends all work visas? Or borders are closed to all but USCs and LPRs? Already you will not be able to come here because of the coronavirus unless you quarantine elsewhere for 14 days but what if that ban on travelers is extended to all countries? 
 

Best to stick with what you have rather than throwing it all away for a “might have”, accept that you made a poor decision with your visa type but try to make the most of it. Service centers are gradually reopening and starting routine appointments. Once you have the biometrics done, you can apply for an expedite on the EAD if you have a job offer. If money’s tight, welcome to the USA. Many, many people are in the same situation. There’s hardly a person left in the country that has not been affected by this situation in some way. 

[HRQX 4,145]

51 minutes ago, JFH said:

Already you will not be able to come here because of the coronavirus unless you quarantine elsewhere

Note that OP is exempt from Schengen Area, UK and Ireland, Brazil, Iran, and mainland China proclamations per Subsection 2(a)(ii): https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-2019-novel-coronavirus/ They married in March: https://www.visajourney.com/timeline/profile.php?id=336269

51 minutes ago, JFH said:

What if you get back to your homeland and then an order is announced that suspends all work visas?

The way POTUS structures the labor proclamations, there is an exemption for "any alien who is the spouse or child, as defined in section 101(b)(1) of the INA (8 U.S.C. 1101(b)(1)), of a United States citizen"

51 minutes ago, JFH said:

your K-1 interview where you convinced him you want to move here to live

What's required by law is "intent to marry" in the allotted 90 days. Can't deny a K-1 solely on lacking intent to permanently live in the US.

Edited July 15, 2020 by HRQX

[JFH 12,190]

Just now, HRQX said:

 

The way POTUS structures the labor proclamations, there is an exemption for "any alien who is the spouse or child, as defined in section 101(b)(1) of the INA (8 U.S.C. 1101(b)(1)), of a United States citizen"

 

He has done so far. But who knows what’s around the corner? I doubt even POTUS does. My point is, currently he has a guaranteed spot here. If he leaves, all bets are off. 

[SusieQQQ 11,586]

34 minutes ago, HRQX said:

Note that OP is exempt from Schengen Area, UK and Ireland, Brazil, Iran, and mainland China proclamations per Subsection 2(a)(ii): https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-2019-novel-coronavirus/ They married in March: https://www.visajourney.com/timeline/profile.php?id=336269

The way POTUS structures the labor proclamations, there is an exemption for "any alien who is the spouse or child, as defined in section 101(b)(1) of the INA (8 U.S.C. 1101(b)(1)), of a United States citizen"

What's required by law is "intent to marry" in the allotted 90 days. Can't deny a K-1 solely on lacking intent to permanently live in the US.

The exemption doesn’t allow someone who has abandoned AOS to come back in and pick up where they left off after a NIV denial, though, which is probably more pertinent to OP. 

[HRQX 4,145]

4 minutes ago, SusieQQQ said:

The exemption doesn’t allow someone who has abandoned AOS to come back in and pick up where they left off after a NIV denial, though, which is probably more pertinent to OP. 

Correct; if he leaves CR-1 would be the viable path. My recent post was fact-checking those specific excerpts of JFH's post.

Edited July 16, 2020 by HRQX