Change of Status Question

[Knight010 0]

So my wife and I are currently waiting to get an interview for her spouse visa, however she has been here for a couple of months on her travel visa and we have decided that it may be better to apply for a change of status so she can just stay here. Is this allowed or is it somehow illegal? She did not come here with the intent of staying but we have decided it would be best for her to stay in the last few days.

[Crazy Cat 41,774]

The correct term is Adjustment of Status.  It would be legal for her to file an I-485 package.  However, she will not be allowed to leave/re-enter the US or work for, possibly, 6-8 months.  Then, it will likely be another year before she gets a Green Card.  Is her case now at NVC?  Seems, to me, you already have a perfect situation while waiting for the interview.

Edited December 8, 2020 by Lucky Cat

[Crazy Cat 41,774]

Your post history indicated you are already DQ'd at NVC.......Your wife is pretty close to getting her visa and Green card.  Personally, I would hold my current course and continue consular processing.

Edited December 8, 2020 by Lucky Cat

[Knight010 0]

7 minutes ago, Lucky Cat said:

Your post history indicated you are already DQ'd at NVC.......Your wife is pretty close to getting her visa and Green card.  Personally, I would hold my current course and continue consular processing.

Yeah, but with the current situation of the pandemic and the backlog of interviews, we’re thinking it may take more than a year to have her interview so we are considering this possibility recently. 

[Crazy Cat 41,774]

1 minute ago, Knight010 said:

Yeah, but with the current situation of the pandemic and the backlog of interviews, we’re thinking it may take more than a year to have her interview so we are considering this possibility recently. 

Your choice.  Your time...Your money.  Good luck...

Edited December 8, 2020 by Lucky Cat

[Crazy Cat 41,774]

10 minutes ago, Knight010 said:

Yeah, but with the current situation of the pandemic and the backlog of interviews, we’re thinking it may take more than a year to have her interview so we are considering this possibility recently. 

What makes you think it will be more than a year for the interview?  Your case is already DQ'd......Consulates are still processing spousal visas.  Is her consulate completely closed? 

[SteveInBostonI130 3,432]

17 minutes ago, Knight010 said:

Yeah, but with the current situation of the pandemic and the backlog of interviews, we’re thinking it may take more than a year to have her interview so we are considering this possibility recently. 

 

What embassy?

 

Your choice to AOS.  If your wife can wait for up to a year in limbo status, with no work, SSN, DL and not being able to leave the US, then go for it.  Forms I-485, I-765, I-131 and I-944.  Form I-944 alone has been a nightmare for some couples.

 

 

[Knight010 0]

31 minutes ago, Lucky Cat said:

What makes you think it will be more than a year for the interview?  Your case is already DQ'd......Consulates are still processing spousal visas.  Is her consulate completely closed? 

We’re waiting for the embassy in Rio to reopen. I haven’t been able to find any expected timeline for when they will begin scheduling interviews again and it’s safe to assume they will have a huge backlog. So we’re thinking it will be a while 

22 minutes ago, SteveInBostonI130 said:

 

What embassy?

 

Your choice to AOS.  If your wife can wait for up to a year in limbo status, with no work, SSN, DL and not being able to leave the US, then go for it.  Forms I-485, I-765, I-131 and I-944.  Form I-944 alone has been a nightmare for some couples.

 

 

Rio. I can’t find any information on when they will begin scheduling interviews again so I can’t really make the most informed decision. 

[Chancy 6,241]

3 hours ago, Knight010 said:

Rio. I can’t find any information on when they will begin scheduling interviews again so I can’t really make the most informed decision. 

 

I understand it's a tough choice.  As to your original question, it would be legal for your wife to adjust status.  Just be aware of the work and travel constraints pointed out by the previous posters.

 

[Diane and Chris 651]

8 hours ago, Chancy said:

 

I understand it's a tough choice.  As to your original question, it would be legal for your wife to adjust status.  Just be aware of the work and travel constraints pointed out by the previous posters.

 

CoAnd the added expense!  Quite costly. 

[Timona 4,207]

AOS while in the US is going to take 1.5+ years. I would just wait on the embassy. I am certain they will all be fully functional in less time. Embassy route is your best option at this point. However, as @Lucky Cat said also, your choice, your money.

Additionally, if you do not know how to AOS by yourself, you will be paying a lawyer. More $$ out of your pocket too

[SusieQQQ 11,586]

Another vote for waiting for the embassy interview rather than the prolonged time (you’d be starting from scratch with the i485, so back of that line) hassle and added expense . IR/CR visas are taking priority at all embassies and she’s already in line for an interview. Even without knowing when they restart the basic facts point to her getting a green card sooner, probably much sooner, than via the adjustment of status route.

 

 

Edited December 9, 2020 by SusieQQQ

[carmel34 3,620]

The US Consulate in Rio is awesome to work with.  Chances are they'll open up for spousal visas and issue one much sooner than adjustment of status and the related nightmares.  Not being able to work or leave the country for 6-8 months or even longer is a huge disadvantage on top of the extra fees.  Good luck whichever you choose!

Edited December 9, 2020 by carmel34

[Knight010 0]

Thank you to everyone that has responded! We have decided to take y’all’s advice and just wait. After reading everyone’s thoughts it clearly seems like the better decision