Not sure to go AOS or IR-1 route...

[attixdw 0]

Hi,

Having some confusion as spouse is already in US on ESTA (VWP) about 2 weeks now. We have been married  3 years Im US citizen so are working on AOS packet. Spouse can either AOS packet in few weeks or back/forth on ETSA while file 130 online and interview in Prague later. In this covid era do both processing options take the same amount of time? We really want to avoid all the paperwork of the I-944 , its gone now but might be back by the time we are ready to file. Any opinions or which process is easier, faster or less scrutinized? Our marriage is legit, 8 years of evidence but my self employed income is only 40k maybe just 20K after expenses as we are musicians/entertainers (but have solid joint sponsor).  Work EAD is not a factor unless she wanted to pick up essential job until covid gets under control and live music is safe again. Theres some work in her country as well. .Would most couples just go for the AOS?

Thanks so much...

[Dashinka 24,505]

If she is here now and wants to stay, and is OK not being able to travel or work for several months, then I would take the AOS route.  I would check on the I944 specifically as there have been multiple court rulings causing confusion.  As to which is easier or faster, that is hard to say.  With an uncomplicated case, either can be equally as easy, both would eventually require a medical examination, and with the current pandemic, it is hard to say how much any backlog will impact either processing. 

 

Good Luck!