Changed mind from AOS to Consular Processing

[JKLSemicolon 425]

Slightly different situation from yours, but we abandoned AOS from a K1 visa when my wife left the US without AP and started over with an I-130 petition for a CR1 visa which was just recently approved. Overall whether this is the right fit for you is going to depend on the specifics of your own situation. For us the main factor was that the limbo while waiting for AP/EAD/etc. in the middle of the pandemic was not a good fit.
 

Overall things worked out but the process was not without its cons such as:

- the beneficiary not being able to visit the US until the visa is issued (which I would also prepare for in your case)

- additional costs of a new petition, new medical, etc. (maybe less relevant for your case)

- various issues relating to filing a tax return which became inherently harder with the spouse beneficiary abroad

We were fortunate in the end that the new petition was processed very quickly at all stages; if that hadn’t been the case (which it sounds like it might not be at Montreal) I would probably have a different perspective.

 

Good luck with whatever you decide.

Edited August 25, 2021 by JKLSemicolon

[goddy 17]

3 hours ago, Timona said:

 

1. You will not get another B-2 as you have shown immigration intent. So instead of being stuck in the US, you will be stuck in Canada.
2. The earliest you can to the US with approved CR-1 will be 2022 December. 
3. Based on 2 above, would it not be smart to just wait and get your AP, which should come earlier than 2022? You should have it buy December of January 2022, latest. It is currently taking 6 - 8 months to approve it, with 8 months being at COVID's peak. Timeframes are now improving. 
4. And with you abandoning AOS, you will be throwing away $1760. 
5. You can go to the FO and wait for when traffic is slow and request early biometrics rather than waiting till Sept 17th. That should cut you 3 weeks. However, you can only do this when foot traffic at the FO has reduced. 

My advise....keep yourself preoccupied. There are many places you can visit in the US. You have many cons leaving US than waiting for AP. 

That will be a big mistake , i have been waiting for an interview  with montreal consulate for over 11 months DQ'ed Oct 2020...my advise will be hang on tight with AOS ...and this will be over soon

[Sparkle Sparkle 914]

I dont know, I just have this feeling that you setting yourself up for alot of bad times.

[Rocio0010 5,636]

Hi, this is you coming from the future to tell you it’s not a good idea to change from AOS to  CR1. You’ve been stuck in Canada forever and you thought it’d be faster than AOS. If you had AOSed, you would -by now- long have your AP. 
Jokes aside, no, don’t do it. You’ll regret it. Just look at the Montreal threads and see how long they’ve been waiting. Also, you said your FO is Reno; well, I just read a case of an AOS approved in Reno in three months. It seems that this FO is fairly quick.

[Adventine 3,213]

You should at the very least wait for the Advance Parole to be approved. And you can have it expedited. Search this forum for ideas how to do that.

 

Abandoning AOS now seems like short term thinking, especially given the enormous backlogs at the Montreal consulate.

 

It is highly unlikely you will get a tourist visa because your immigrant intent has already been clearly established, whether you go the AOS or consular processing route.

[HRQX 4,145]

5 hours ago, Timona said:

get another B-2

23 minutes ago, Adventine said:

It is highly unlikely you will get a tourist visa

*tourist entry

 

See 8 CFR § 212.1(a)(1): "Canadian citizens. A visa is generally not required for Canadian citizens, except those Canadians that fall under nonimmigrant visa categories E, K, S, or V as provided in paragraphs (h), (l), and (m) of this section and 22 CFR 41.2."

Edited August 26, 2021 by HRQX

[Adventine 3,213]

2 minutes ago, HRQX said:

*tourist entry

 

See 8 CFR § 212.1(a)(1): "Canadian citizens. A visa is generally not required for Canadian citizens, except those Canadians that fall under nonimmigrant visa categories E, K, S, or V as provided in paragraphs (h), (l), and (m) of this section and 22 CFR 4

 

Ah! Thanks for the correction.

[mnewportland 9]

For whatever it's worth, I was able to expediate both the EAD and the AP and I got them almost exactly 2 months after we filed. I was first told by the USCIS agent on the phone that my request is likely to be denied as they didn't think we had a severe financial need, however, a few days after submitting that request it was approved. I would suggest you try to expediate your EAD or AP if that's possible at all! If you expediate either EAD or AP you'll get them both together if you've applied for both of them. Good luck

[Letspaintcookies 2,310]

The fact that you need to attend a meeting for work that you're not allowed to do while going through AOS might not be the best reason for an expedite...

Other than that I second the ones that said don't do it especially with the backlogs in Montreal. Yes it sucks right now but starting again from scratch while being separated probably sucks even more.

[chancecody 125]

23 hours ago, mnewportland said:

For whatever it's worth, I was able to expediate both the EAD and the AP and I got them almost exactly 2 months after we filed. I was first told by the USCIS agent on the phone that my request is likely to be denied as they didn't think we had a severe financial need, however, a few days after submitting that request it was approved. I would suggest you try to expediate your EAD or AP if that's possible at all! If you expediate either EAD or AP you'll get them both together if you've applied for both of them. Good luck

Hi there- what kind of evidence do they require and how did you send it after you called? Thanks. 

[chancecody 125]

Thanks everyone for taking the time to give advice. ❤️ After speaking with my spouse, we took all the advice here into consideration and will not abandon our AOS. I also read the Canada CR1/IR1 thread and was very surprised about the long wait (probably driven by multiple lockdowns in Quebec and the fact that there are only 2 officers interviewing from what I read).

 

I started to look for another remote job here in the US and once I have a job offer, I will call to get it expedited. I have a Teams job interview next Wed, Sept 1 for a Seattle company.

[chancecody 125]

Hi Everyone,

 

Things are moving faster in getting a job here in the US than I thought (grateful that US companies are looking at Canadian experience and degrees as equal to US experience/education). I got a job offer for a Seattle-based large company. Can someone advise me what to say to expedite to get EAD? I will tell the agent that I have a job offer in hand and need to expedite….is it that simple? Also, after calling, how fast will I get the EAD? The offer is good for 1 week. Thanks!

[Chancy 6,243]

9 hours ago, chancecody said:

I will tell the agent that I have a job offer in hand and need to expedite….is it that simple? Also, after calling, how fast will I get the EAD? The offer is good for 1 week.

 

Yes, it's that simple.  After you request an expedite, you may or may not be asked to submit supporting evidence (ie, the formal job offer).  But, it would be next to impossible to get an EAD in 1 week, even with an approved expedite.  Even so, I suggest trying for an expedite ASAP anyway, using the existing job offer.  There is no requirement for you to use the EAD only for the job offer that led to the expedite.

 

[chancecody 125]

10 hours ago, Chancy said:

 

Yes, it's that simple.  After you request an expedite, you may or may not be asked to submit supporting evidence (ie, the formal job offer).  But, it would be next to impossible to get an EAD in 1 week, even with an approved expedite.  Even so, I suggest trying for an expedite ASAP anyway, using the existing job offer.  There is no requirement for you to use the EAD only for the job offer that led to the expedite.

 

Thank you so much Chancy for your help. I just called USCIS (47 minutes total call duration including the wait). The agent was very pleasant. He read me the basis for expediting (same information found online) and asked me if I qualify to any of those that he just read. I explained my situation under “severe financial loss….” and I said I have a job offer. He gave me a referral ID and he said someone will contact me at the email address provided whether it is approved or not. Fingers crossed 🤞 

 

He did not ask me though if I already had my biometrics done. My appointment is on 9/17/21 and they do not do walk-ins.