How many days before starting AOS for spouse on ESTA?

[attixdw 0]

Hi,

Im US born and my EU wife of 3 years (together 8 years) arrived recently. We would like to beat the fee increase and apply AOS before Oct 2. I know immediate relatives are exempt from 90 day rule but thought maybe should wait at least 45 days so doesnt look like we planned AOS before arrival? As entertainers all our global work is on hold so we just decided what better time than now. 

Also- if my work overseas resumes this winter I would need to postpone interviews until May 2021. I would have my wife join me abroad when her advanced parole card came and we can fly back to USA together May. 2021. With proper notification could a USCIS office be ok with postponing interviews a few months in this scenario? I wouldnt want USCIS to think we abandoned the case.

Thanks!

 

[designguy 1,179]

1 hour ago, attixdw said:

With proper notification could a USCIS office be ok with postponing interviews a few months in this scenario?

Interviews are at USCIS's convenience ... not yours

[Lucky2Lucky 2,526]

2 hours ago, attixdw said:

Hi,

Im US born and my EU wife of 3 years (together 8 years) arrived recently. We would like to beat the fee increase and apply AOS before Oct 2. I know immediate relatives are exempt from 90 day rule but thought maybe should wait at least 45 days so doesnt look like we planned AOS before arrival? As entertainers all our global work is on hold so we just decided what better time than now. 

Also- if my work overseas resumes this winter I would need to postpone interviews until May 2021. I would have my wife join me abroad when her advanced parole card came and we can fly back to USA together May. 2021. With proper notification could a USCIS office be ok with postponing interviews a few months in this scenario? I wouldnt want USCIS to think we abandoned the case.

Thanks!

 

I’m not sure how “recently” your wife entered and you are talking about AOS but that’s moot now she was already admitted. You do not need to wait 45 days or any period of time to apply. As long as she no longer has things to tie up in her home country apply now. Also if you had applied for the spousal visa anytime before Oct you wouldn’t have incurred any of the extra fees (so your reasondoesnt really makes sense) anyway as long as your current income as an entertainer can afford to sponsor her (or you have a joint sponsor lined up) apply as soon as you can. Additionally expect it to be approx 6 months before your wife can leave/re enter the US (as long as you file AP). USCIS will schedule the greencard interview on their time..not yours..greencard interview could be 8months-year how things are going . Additionally I wanted to point out if you guys will be frequent travelers/workers abroad you may want to rethink her being a US resident as there are residency requirements she has to keep. Just a FYI in case this applies to you.

[Boiler 45,994]

They say jump, you say how high.

[SusieQQQ 11,587]

USCIS doesn’t work like your doctor. They’ll schedule you an interview when your petition/forms reach the front of the line. If it doesn’t work for you, you can send them a notice asking to reschedule, but they’ll do it for when suits them, not slot it in as per your calendar. Not sure about AOS, I know for some other petitions/forms if you can’t make a second rescheduled interview they drop the case and you have to start over.  As pointed out above, if you want to spend significant time abroad, this may not work either for AOS or for your spouse to maintain residence and keep her green card.

 

 

Edited August 11, 2020 by SusieQQQ

[geowrian 22,338]

Why would waiting 45 days change her intent when she arrived?

The sooner you file, the sooner you get in line.

 

Depending on local field office, there's a good chance of not having an interview by May 2021.

That said, AP is likely to take 6+ months at this time (maybe longer). Hope for less, but there is likely a significant backlog, especially since they stopped biometrics and therefore most processing for a few months with the pandemic, and are only opening ASCs back up now. And it was taking ~4 months or so prior to COVID.

[attixdw 0]

Thanks for all the replies and info. Its difficult to decide which way to proceed either AOS while here or via embassy in Prague or hold off for now. Im close to Dover Delaware field office which seems to be doing interviews very quickly. No problem for her to meet residency requirements pre covid I had residence gigs in Vegas and she had offers for work when legally able to do so - but now any event type work this winter is coming from other countries. If out on a tour or even a cruise ship (they resume Nov) theres no way for me to fly back on few weeks notice for an interview. Another option would be to turn down any work until AOS process complete and hope events/shows/weddings/concerts in USA are semi normal by spring. 2021. A lot for us to consider and thanks again for all the info!! 

[geowrian 22,338]

1 hour ago, attixdw said:

Thanks for all the replies and info. Its difficult to decide which way to proceed either AOS while here or via embassy in Prague or hold off for now. Im close to Dover Delaware field office which seems to be doing interviews very quickly. No problem for her to meet residency requirements pre covid I had residence gigs in Vegas and she had offers for work when legally able to do so - but now any event type work this winter is coming from other countries. If out on a tour or even a cruise ship (they resume Nov) theres no way for me to fly back on few weeks notice for an interview. Another option would be to turn down any work until AOS process complete and hope events/shows/weddings/concerts in USA are semi normal by spring. 2021. A lot for us to consider and thanks again for all the info!! 

Is there a Dover, DE field office...? I only see an ASC there (they do biometrics), and it being listed as a support office (they don't do interviews).

I input the Dover, DE zipcode into the USCIS website and it came back with the Philadelphia field office. That's the same one we went through. It was over a year wait for the interview.

Field office (scroll to the bottom for the zipcode lookup): https://www.uscis.gov/about-us/find-a-uscis-office/field-offices

 

Current processing times: https://egov.uscis.gov/processing-times/

For an I-485, I don't see Dover in the list, unless I missed something.

 

Anyway, the EAD and AP are processed by the NBC, not the local field office. This is the same for anybody doing family-based AOS - it's not localized.

Edited August 12, 2020 by geowrian

[Boiler 45,994]

I have been to Dover, both of them, the US one has a very large Air Force base, seems a very unlikely location for a Field Office.

[attixdw 0]

Understood Dover DE doesn't process everything in house . It used to operate as a field office then was reduced to ASC few years ago. I read somewhere (I cant find now) it resumed some other services while being closed for covid. Yes my zip is still showing PHL as closest field office on USCIS website.  Thanks! 

Edited August 12, 2020 by attixdw