Question to those who started Consular Processing and ended up changing to AOS

[Cristina280390 60]

Hello! I am probably nor the only one who was affected by the Pandemic while visiting the US, so this question is for those who changed from Consular Filling to AOS.

On January 2020 I received the NVC case creation letter, after having had my I130 approved (I am beneficiary and my husband is the American citizen). We paid and uploaded all documents at the NVC portal in February 2020 and I had a ticket to fly back to my home country on April 1st to do medical and wait for the interview. All of this changed when my country declared Emergency State and closed borders on March 15. On top of this, mid April I received an RFE from the NVC. We talked to a lawyer and they said it was best that I stayed and file for AOS (since I had the NVC receipts and flight tickets as  evidence that I hadnt commit fraud by entering with a tourist visa to file AOS).

 

So, going to my question. In Part 3 of the I-485 it asks I have you ever applied for an immigrant visa at US Consulate/Embassy and what was the decision and the date of the decision. I dont know if my NVC process would be considered a yes, since it didn't come to an end result,  I just didnt reply to the RFE because I didn't know what we were going to do at the time. Just last week I contacted the NVC asking to not close my case and explaining that I will be filling for AOS due to extraordinary circumstances related to covid19. Would this count as withdrwing my case? if so, the decision date would be when I sent the inquity to the NVC?

 

I appreciate the guidance!!

 

[seanjoe 1]

What is your status right now? I mean, if you are on a visa, does it have an expiry date?

[Cristina280390 60]

I don't have a status now, in my forms I was told to write B2 visitor visa overstayed, since my visa 160 days ended before I could send the AOS package. Also, answering my original question in case it's useful for someone, the NVC process is considered pending.

[seanjoe 1]

yikes, if you overstayed, I"m not sure how you can progress...sorry

[Cristina280390 60]

''Spouses of U.S. citizens do have special immigration privileges. They benefit from certain provisions in the law that are favorable in cases where the intending immigrant has overstayed a visa.''  So if all my paperwork is correct, my green card get approved and my overstay is forgiven.

 

In my case, I didnt overstayed and then get married, Ive been married for over 4 years and I provided a whole stack of evidence that when entering last, I did not have immigrant intent. I have NVC paid receipts, I had already filled all my paperwork to the NVC, I had flight tickets to my home country way before my visa was due, and official evidence that my country closed international borders for 7 months and that I was on a waiting list with the consulate for humanitarian flights.

 

Each case is different and has intricate details.

[iy2020 118]

3 hours ago, seanjoe said:

yikes, if you overstayed, I"m not sure how you can progress...sorry

Overstays are forgiven for spouses of USCs when it comes to AOS.

Edited February 23, 2021 by iy2020