Waiting for IR/CR-1 interview date while in US

[steve-phuket 10]

I (USC) applied for IR-1 for my wife in Thailand, Dec 2020. We are in the US now, we've been here a few months and I'd like to stay longer because of problems getting back to Thailand re covid rules. I am thinking about filing a I-539 extension. if approved and my wife can stay until next spring, i think there is a good chance her green card interview data may come up before then. 

 

Can she change the interview location to the US since its very hard to get back to Thailand right now

 

Thanks

[Chancy 6,241]

6 hours ago, steve-phuket said:

Can she change the interview location to the US since its very hard to get back to Thailand right now

 

No, there are no US consulates inside the US to conduct visa interview and issue the visa.  If your wife wants to pursue an IR1 visa, she must return to Thailand for her interview.

 

An alternative method for your wife to gain permanent resident status is to abandon the IR1 process and start over with adjustment of status (AOS) now while she is in the US.  She will have to start at the back of the line for AOS at your local USCIS field office in New York.  She will not be allowed to work and will not be eligible for SSN until she gets EAD work permit or her green card.  Also, she must not leave the US before getting AP travel permit or her GC.  If she leaves before then, her AOS will be deemed abandoned.

 

Edited August 7, 2021 by Chancy
typo

[steve-phuket 10]

that is very interesting, i just looked up this

but this sound worrying

"If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US."

 

 

Edited August 7, 2021 by steve-phuket

[steve-phuket 10]

I'm quite confused by this process. do i need to cancel the I-130 application from last year and submit a new I-130 ad a I-485 ?

 

Will she get immediate permission to stay in the US assuming the I-130 and I-485 is accepted?

 

Will USCIS have a problem with my applying for AOS since we already applied for IR/CR1 in thailand?

 

thanks

 

 

 

 

 

[Chancy 6,241]

1 hour ago, steve-phuket said:

I'm quite confused by this process. do i need to cancel the I-130 application from last year and submit a new I-130 ad a I-485 ?

 

You may use the existing I-130 petition.  Do not withdraw the I-130.  Your wife will need to file an I-485.  I strongly recommend she also files I-765 and I-131.

 

After your wife files the I-485, you should track where the I-130 is at, and make sure it is forwarded to your local USCIS field office in New York.

 

1 hour ago, steve-phuket said:

Will she get immediate permission to stay in the US assuming the I-130 and I-485 is accepted?

 

Once the I-485 is properly filed with USCIS, she will be authorized to stay in the US while her AOS process is pending.  Her I-485 receipt notice + passport will be her proof of authorized stay.

 

1 hour ago, steve-phuket said:

Will USCIS have a problem with my applying for AOS since we already applied for IR/CR1 in thailand?

 

Switching to AOS will not be an issue for USCIS.  But note that once your wife's I-94 expires, she will be out of status and deportable.  She should either file for AOS as soon as possible or fly back to Thailand to continue with IR1.

 

Edited August 7, 2021 by Chancy
added note about I-94 expiring

[steve-phuket 10]

well this is fantastic news, i really don't want to deal with getting back to Thailand right now, we'd prefer to stay in the US and this looks like its possible

 

thanks so much

 

BTW, I think Nebraska is handling the I-130, do i file I-485 in New York?

Edited August 7, 2021 by steve-phuket

[Chancy 6,241]

10 minutes ago, steve-phuket said:

do i file I-485 in New York?

 

No, your wife must send the I-485 to the USCIS Chicago lockbox.  The I-485 (and I-130) will be forwarded by USCIS to the LFO in New York, eventually.

 

https://www.uscis.gov/forms/all-forms/direct-filing-addresses-for-form-i-485-application-to-register-permanent-residence-or-adjust-status

 

[SalishSea 17,829]

5 hours ago, steve-phuket said:

well this is fantastic news, i really don't want to deal with getting back to Thailand right now, we'd prefer to stay in the US and this looks like its possible

 

thanks so much

 

BTW, I think Nebraska is handling the I-130, do i file I-485 in New York?

Keep in mind she won't be able to travel or work for 8 months or so.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.