What next?

[Jess&Rob 9]

2 minutes ago, geowrian said:

Take it 1 form at a time. Read and study the instructions. Ask questions.

 

The only other option is an immigrant visa abroad. And if you filed the I-130 saying you will do AOS in the US, changing that prior to petition approval may not be possible (and with an I-824 being filed at that point - more fees, more waiting, etc.)

Yes we filed saying she will AOS in the states 

 

so what are you recommending 

[Jess&Rob 9]

5 minutes ago, payxibka said:

Does she want a green card or return home for a visa?

If she returns home for a visa she can apply for green card afterwards right

[geowrian 22,337]

1 minute ago, Jess&Rob said:

Yes we filed saying she will AOS in the states 

 

so what are you recommending 

I see no reason not to do AOS.

The visa process at this point would likely take much longer (especially with Montreal...they are severely backlogged) and it's not really less in paperwork...just different paperwork

[pushbrk 12,893]

Just now, Jess&Rob said:

If she returns home for a visa she can apply for green card afterwards right

The direct answer to your question is that if she returns to Canada for a visa, the green card comes automatically once she uses the visa to enter the USA.

 

Note that she is a Canada visitor with limited privileges.  If you file the I-485, and then she leaves before receiving Advance Parole (at least six months later now) she will not be allowed back in the USA.  Filing AOS, essentially bars her from all international travel for a while.  Nothing stops her from leaving the, but she won't get back in if she does.

 

On the other hand, if you do the visa process, she must not overstay her privilege, while doing AOS, the overstay is forgiven.

[Jess&Rob 9]

5 minutes ago, pushbrk said:

The direct answer to your question is that if she returns to Canada for a visa, the green card comes automatically once she uses the visa to enter the USA.

 

Note that she is a Canada visitor with limited privileges.  If you file the I-485, and then she leaves before receiving Advance Parole (at least six months later now) she will not be allowed back in the USA.  Filing AOS, essentially bars her from all international travel for a while.  Nothing stops her from leaving the, but she won't get back in if she does.

 

On the other hand, if you do the visa process, she must not overstay her privilege, while doing AOS, the overstay is forgiven.

We are fine with her staying here as long as she needs to before leaving. 
 

perhaps we should bring in an immigration lawyer to take over at this point? 

Edited August 20, 2020 by Jess&Rob

[Hawk Riders 814]

...valuable information in this forum: https://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-amp-tourist-visas/

[pushbrk 12,893]

Just now, Jess&Rob said:

We are fine with her staying here as long as she needs to before leaving. 

Then, if you find the AOS process too daunting, hire somebody to help you.  VJ has a partner page for that reason.

[Jess&Rob 9]

2 minutes ago, pushbrk said:

Then, if you find the AOS process too daunting, hire somebody to help you.  VJ has a partner page for that reason.

Where can we find lawyer recommendation in our area? 

[pushbrk 12,893]

1 minute ago, Jess&Rob said:

Where can we find lawyer recommendation in our area? 

With today's technology, you don't need somebody in your area.  You need the applicable services.  Start here.

 

https://www.visajourney.com/partners/

[Jess&Rob 9]

2 minutes ago, pushbrk said:

With today's technology, you don't need somebody in your area.  You need the applicable services.  Start here.

 

https://www.visajourney.com/partners/

Does the lawyer fill out the forms? Or assist us in filling out the forms? 

[pushbrk 12,893]

Just now, Jess&Rob said:

Does the lawyer fill out the forms? Or assist us in filling out the forms? 

The services are different.  You will be providing the information to whomever completes forms.  Shop around and see what is comfortable for you.  The partners are not all lawyers.  This is an administrative process, unless you have a legal issue like prior convictions for sex crimes against a child or past immigration issues.

[Ontarkie 14,226]

~~MOved to AOS from Work, Student, and Tourist Visas, from IR/CR1 P&P - the OP is asking about AOS~~

[Jess&Rob 9]

2 minutes ago, pushbrk said:

The services are different.  You will be providing the information to whomever completes forms.  Shop around and see what is comfortable for you.  The partners are not all lawyers.  This is an administrative process, unless you have a legal issue like prior convictions for sex crimes against a child or past immigration issues.

Ok thank you!

[HRQX 4,145]

9 hours ago, Jess&Rob said:

Ok when do we typically receive the NOA1?

is the receipt notice the email we just received that payment was received for the following case..

That email is not the Notice of Action (NOA). Log-on to your USCIS online account, and look for "USCIS notices"

9 hours ago, geowrian said:

Yes, IOEXXXXXXX is the receipt number.

I will defer to others on what constitutes the receipt notice for an online filing....I'm more familiar with the paper process still.

The email OP is referring to is just a Pay.gov payment confirmation email that includes the I-130 case number.

Edited August 21, 2020 by HRQX

[Jess&Rob 9]

5 hours ago, HRQX said:

That email is not the Notice of Action (NOA). Log-on to your USCIS online account, and look for "USCIS notices"

The email OP is referring to is just a Pay.gov payment confirmation email that includes the I-130 case number.

Yes that’s the email I got.  No NOA1.   We just sent everything in yesterday.  How long does it generally take to get the NOA1