Not sure what type of visa I'm really under here?

[myperfectflaw 11]

My husband arrived here in the US in July expecting to do his 90 day visit, get our packet together to start our spousal visa, and continue the testing steps needed to become my kidney transplant donor. A week before he was to return to the UK, we got an email from Delta canceling his return flight and giving him credit for a future one instead. 

 

We immediately called USCIS to find out what to do and if there was an extension available until he could rebook his flight, etc. The woman we spoke to said there was, good for 30 days at a time, and started giving us the info we needed. During this convo though, it was mentioned by my hubby that an extension would be great right now anyway, as I was having abdominal surgery 2 days before his original leaving and now he'd be able to be there to help me after. This led to a further convo about why I was needing surgery, my kidney failure, and him testing for my donor, and she told us to stop and scratch all the info just mentioned. 

 

Instead, she told us to file our I-130 and I-485 concurrently while he was still here and NOT to return home. As our intention was never for him to remain after this trip, there wouldn't be an issue with trying to circumvent the system. He is essentially being considered for a waiver (for lack of a better way to explain this) under humanitarian reasons. 

 

So, which timeline am I supposed to fill out since we're kind of "skipping" steps? There's no consulate visit there in London, etc. And what can we expect to happen going forward? We have our notice that the paperwork was received and have our receipt number, but no idea what kind of time frame we should expect since it's all been sent together instead of the normal step-by-step procedure. 

 

Thanks! 

[Dashinka 24,111]

Sounds like you are choosing to AOS instead of applying for a spousal visa.  That is just fine based on what you shared of your story.  So in the timeline section just ignore the spousal visa part and start with the AOS activities.

 

Good Luck!

[Ryan H 3,810]

Moved from IR-1/CR-1 Process & Procedures to Site-Related Discussion; topic is about completing timeline/profile information.