CR1 or H1B Adjustment of Status?

[CanadianJeff 22]

Like many I'm sure, I'm getting confused trying to navigate the ABCs of USCIS / NVC.

 

My situation is as follows:

Part 1

I am a Canadian citizen who married to a USA citizen in the summer 2019. We started the process for CR-1 one year ago and, after many delays (partially related to COVID closing various offices), we have finally reached the point where NVC has all of our documents and are being placed into the queue for an interview in Montreal. Yay!

 

Part 2

I was recently offered a job in the USA and was accepted to move to USA on a H1B visa to work within the healthcare system. We moved here in July 2020. Now that I am in the USA I contacted the NVC to update my mailing address with the hopes of being able to change the interview location to somewhere with in the United States. My wife spoke with an agent today who suggested that since we are currently within the USA I would no longer be able to complete immigration with the CR-1. This is a different tone than I received. When I emailed them to update my mailing address they basically said thanks for the update, all of your documents are now in order and we have placed you in the queue for an interview (via the Montreal office). In a panic I started searching for how the CR-1 process works if the applicant is residing within the USA. During my searches I came across references to Adjustment of Status as a pathway for application.

 

My questions are:

 

1. Is is possible to interview within the USA for CR-1 visas? If possible I would like to avoid returning to Canada for the interview since with the COVID pandemic I would have to a) travel to Canada and quarantine for 2 weeks prior to the interview b) based on my employer I would need to quarantine 2 weeks after returning from any international travel, including Canada.

 

2. Is adjustment of status based on the H-1B an option? Given that I was already married to a USA citizen and had a pending CR-1 application is there any concern of fraud or acting in bad faith if I now apply for a AOS based on the H-1B? I would think not since my intentions of moving to USA were already declared by submitting the CR-1.

 

Any and all thoughts would be appreciated.

[Ayrton 965]

1 hour ago, CanadianJeff said:

Like many I'm sure, I'm getting confused trying to navigate the ABCs of USCIS / NVC.

 

My situation is as follows:

Part 1

I am a Canadian citizen who married to a USA citizen in the summer 2019. We started the process for CR-1 one year ago and, after many delays (partially related to COVID closing various offices), we have finally reached the point where NVC has all of our documents and are being placed into the queue for an interview in Montreal. Yay!

 

Part 2

I was recently offered a job in the USA and was accepted to move to USA on a H1B visa to work within the healthcare system. We moved here in July 2020. Now that I am in the USA I contacted the NVC to update my mailing address with the hopes of being able to change the interview location to somewhere with in the United States. My wife spoke with an agent today who suggested that since we are currently within the USA I would no longer be able to complete immigration with the CR-1. This is a different tone than I received. When I emailed them to update my mailing address they basically said thanks for the update, all of your documents are now in order and we have placed you in the queue for an interview (via the Montreal office). In a panic I started searching for how the CR-1 process works if the applicant is residing within the USA. During my searches I came across references to Adjustment of Status as a pathway for application.

 

My questions are:

 

1. Is is possible to interview within the USA for CR-1 visas? If possible I would like to avoid returning to Canada for the interview since with the COVID pandemic I would have to a) travel to Canada and quarantine for 2 weeks prior to the interview b) based on my employer I would need to quarantine 2 weeks after returning from any international travel, including Canada.

 

2. Is adjustment of status based on the H-1B an option? Given that I was already married to a USA citizen and had a pending CR-1 application is there any concern of fraud or acting in bad faith if I now apply for a AOS based on the H-1B? I would think not since my intentions of moving to USA were already declared by submitting the CR-1.

 

Any and all thoughts would be appreciated.

Visas are issued at embassies with the purpose of allowing someone to enter the country. You're already in the country, so your CR1 visa application is worthless now. You can't get a visa inside the US.

 

You will have to withdraw the CR1 application and apply for adjustment of status. I'm not familiar with adjusting from other kind of visas other than K1, so someone else can help you with that.

[Ontarkie 14,193]

You can continue with the CR1. No problems there at all other then your medical and interview needing to be done in Canada and the 2 week quarantine. 

 

Or you can start the AOS process and not return back to Canada anytime soon. Think 6-8 months before you can even go visit with Advance parole, and your GC will take most likely more then a year before you interview. You wouldn't start over from the start and would need to match up your I-130. The one guy I know who has just done this has taken has take a year give or take to get his interview. With all the backlogs I would expect it to take even longer now. 

 

 

[SusnOwen 154]

5 hours ago, Ayrton said:

Visas are issued at embassies with the purpose of allowing someone to enter the country. You're already in the country, so your CR1 visa application is worthless now. You can't get a visa inside the US.

 

You will have to withdraw the CR1 application and apply for adjustment of status. I'm not familiar with adjusting from other kind of visas other than K1, so someone else can help you with that.

Not correct.

 

You can file the I-485 based on marriage from within the US.  If I am not mistaken, you would include the approval notices from your I-130 in the petition, and request that the consulate return your packet.  Others have done it, do a search through the forums.  You would then interview here in the US.

[Ayrton 965]

3 minutes ago, SusnOwen said:

Not correct.

 

You can file the I-485 based on marriage from within the US.  If I am not mistaken, you would include the approval notices from your I-130 in the petition, and request that the consulate return your packet.  Others have done it, do a search through the forums.  You would then interview here in the US.

Read my reply again. That's exactly what I told them to do.

Edited October 28, 2020 by Ayrton

[SusnOwen 154]

1 minute ago, Ayrton said:

Read my answer again.

Your answer is still not correct - No, he's not going to get a visa - But regardless of being in the US or in foreign, you still file the I-130 petition, so he does not need to withdraw it - in fact, he needs it for AOS.  No need to read your answer again, I got it the first time.

[igoyougoduke 1,644]

7 hours ago, CanadianJeff said:

Like many I'm sure, I'm getting confused trying to navigate the ABCs of USCIS / NVC.

 

My situation is as follows:

Part 1

I am a Canadian citizen who married to a USA citizen in the summer 2019. We started the process for CR-1 one year ago and, after many delays (partially related to COVID closing various offices), we have finally reached the point where NVC has all of our documents and are being placed into the queue for an interview in Montreal. Yay!

 

Part 2

I was recently offered a job in the USA and was accepted to move to USA on a H1B visa to work within the healthcare system. We moved here in July 2020. Now that I am in the USA I contacted the NVC to update my mailing address with the hopes of being able to change the interview location to somewhere with in the United States. My wife spoke with an agent today who suggested that since we are currently within the USA I would no longer be able to complete immigration with the CR-1. This is a different tone than I received. When I emailed them to update my mailing address they basically said thanks for the update, all of your documents are now in order and we have placed you in the queue for an interview (via the Montreal office). In a panic I started searching for how the CR-1 process works if the applicant is residing within the USA. During my searches I came across references to Adjustment of Status as a pathway for application.

 

My questions are:

 

1. Is is possible to interview within the USA for CR-1 visas? If possible I would like to avoid returning to Canada for the interview since with the COVID pandemic I would have to a) travel to Canada and quarantine for 2 weeks prior to the interview b) based on my employer I would need to quarantine 2 weeks after returning from any international travel, including Canada.

 

2. Is adjustment of status based on the H-1B an option? Given that I was already married to a USA citizen and had a pending CR-1 application is there any concern of fraud or acting in bad faith if I now apply for a AOS based on the H-1B? I would think not since my intentions of moving to USA were already declared by submitting the CR-1.

 

Any and all thoughts would be appreciated.

1) Yes CR1 is usually for those that are abroad. When you are within the US, you opt for Adjustment of Status or file I-485. Yes you can file Adjustment of Status by filing I-485 with the required documents

 

2) Adjustment of status and H1b are not relevant in your case.  There is no fraud as long as you entered legally with the correct visa. 

[CanadianJeff 22]

Thanks everyone for the replies.

 

From what I'm reading the I-485 AOS tends to take over a year to process. That means my H1B will be likely expired before the I-485 is approved (unless it was to be renewed but my current job is a 1 year contract only). If my H1B was to expire before the I-485 was approved I assume I would need to leave USA, which would make the I-485 invalid since I'd no longer be in USA, and restart a CR-1 application (which would be a IR-1 by that time)?

 

It sounds like the more straight forward path is to accept that I'll have to leave USA for the CR-1 interview and loose time from work as a result.

 

Regarding the medical exam, is it possible to have that done here in USA for the CR-1 application? I didn't realize until now that the website states, in bold letters, schedule a medical exam with one of the consulate-approved doctors in Canada.

https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/MTL-Montreal.html

Those bold letters make it seem like that would require another (or a longer) visit to Canada if I were to go down the CR-1 pathway.

[carmel34 3,611]

Yes, if you go with CR-1 and interview in Montreal, you need to do the medical in Canada by a doctor on their approved list.  Double check with the US Consulate in Montreal to confirm, and also ask about the timing of the medical, normally it needs to be done at least a week before the interview so that the results can arrive at the consulate in time for your interview.  With the 14-day quarantine that could add up to a three or more week trip to Canada for the CR-1 interview.  There is also a long backlog for interviews in Montreal, so do more research on that and factor a long wait into your planning.

 

If you go with AOS (adjustment of status) in the US and file an I-485, you could work as long as your H1-B is valid.  But if you also file a I-765 for work authorization (EAD), and an I-131 for advance parole (AP), those could be approved before your H1-B expires, while the I-485 is pending.  EAD and AP generally are approved in less than a year, so it may work out just fine, especially if you request an expedite for the I-765.  Check out USCIS processing times for your local service center to get a better idea of the wait.  You have a good chance for an expedited EAD with a current job in the US.  I recommend AOS if you file now and don't have to go back to Canada while waiting for AP to be approved.  Good luck!

Edited October 28, 2020 by carmel34

[CanadianJeff 22]

That sounds promising. 

If I go the route of submitting the I-485, I-765, and I-131 does my CR-1 application come to a halt or does it continue being processed in the background? 

[Chancy 6,241]

7 hours ago, CanadianJeff said:

If I go the route of submitting the I-485, I-765, and I-131 does my CR-1 application come to a halt or does it continue being processed in the background? 

 

No more CR1.  If you file the I-485, USCIS will get your case from NVC and switch it from consular processing to adjustment of status in the US.  Make sure to include a copy of your I-130 approval notice when you submit your AOS package.

 

If you decide to do AOS, please remember that you should not leave the US until you get your advance parole or green card; otherwise, you will abandon the process.