AOS while IR1 is in process

[Hamy 1]

Good Morning ppl. I'm Pakistani citizen and married to US citizen,  I-130 approved, documentary qualified from NVC dated 16-June-2021 and waiting for interview in embassy. I got B2 visa after getting DQ from NVC and right now I'm in USA with my spouse on B2 which is valid till 01 april 2022. My question is should I file AOS since embassy is taking forever back in my home country for interview and they typically put ppl in administration process for months in some cases for years.Which is best option for me in this scenario ?

1. How long AOS NOA takes these days? 

2. How long EAD takes to approve and receive? 

3. How long i-485 takes to approves? 

Any chances of denial of i-485 ? Is this comes under visa fraud? (Since it was not attention at the time of entry)

Any advice or suggestion will be appreciated. 

Edited January 13, 2022 by Hamy

[powerpuff 6,538]

~ Moved from IR1/CR1 Progress Reports to AOS from tourist/work/student visas ~
 

17 minutes ago, Hamy said:

How long AOS NOA takes these days? 

Like an approval? There will be an interview after which they will approve or deny your case. Depends on the local field office processing your case. Generally 1-2 years 

 

17 minutes ago, Hamy said:

How long EAD takes to approve and receive? 

8-9 months, possibly longer

 

17 minutes ago, Hamy said:

How long i-485 takes to approves? 

See my first answer

 

17 minutes ago, Hamy said:

Any chances of denial of i-485 ? Is this comes under visa fraud? (Since it was not attention at the time of entry)

There’s always a chance a denial with anything immigration related. If you’re referring to entering with an intent to stay and adjust status (visa fraud) then that’s determined at POE so this won’t be an issue for you. 

Edited January 13, 2022 by powerpuff

[Rocio0010 5,579]

11 minutes ago, Hamy said:

. How long AOS NOA takes these days? 

Anyhwere from two -six weeks.

11 minutes ago, Hamy said:

2. How long EAD takes to approve and receive? 

8-9 months.

11 minutes ago, Hamy said:

3. How long i-485 takes to approves? 

Highly dependent on your processing center, which you will know once you get the NOA. This is the link to check processing times:

 

Processing times

 

As I said, it depends on the processing center (California, Nebraska, Texas, Vermont). But once they are done checking your forms, and if no RFE is required, they send the case to your local FO, which also have varying times. Cinci is at 9-15.5 months.

15 minutes ago, Hamy said:

Any chances of denial of i-485 ?

Well, yeah, I mean, we don't know your case. There is always chance of denial just like there is of approval. 

Are there any red flags?

16 minutes ago, Hamy said:

Is this comes under visa fraud? (Since it was not attention at the time of entry)

As long as you didn't lie to CBP at the port of entry in terms of your intention then you should be fine. Intention is determined at the port of entry.

1 minute ago, powerpuff said:

Like an approval?

No, I believe OP is referring to Notices of Action, which can take 2-6 weeks after filing.

[Hamy 1]

2 minutes ago, Rocio0010 said:

Anyhwere from two -six weeks.

8-9 months.

Highly dependent on your processing center, which you will know once you get the NOA. This is the link to check processing times:

 

Processing times

 

As I said, it depends on the processing center (California, Nebraska, Texas, Vermont). But once they are done checking your forms, and if no RFE is required, they send the case to your local FO, which also have varying times. Cinci is at 9-15.5 months.

Well, yeah, I mean, we don't know your case. There is always chance of denial just like there is of approval. 

Are there any red flags?

As long as you didn't lie to CBP at the port of entry in terms of your intention then you should be fine. Intention is determined at the port of entry.

No red flags. I told officer at port that I'm going to visit my wife. It's been 18 months we didn't meet. And our case is at NVC and waiting for schedule for interview. He said Ok welcome to America. Same stuff I told to visa officer in embassy 

[Rocio0010 5,579]

Just now, Hamy said:

No red flags. I told officer at port that I'm going to visit my wife. It's been 18 months we didn't meet. And our case is at NVC and waiting for schedule for interview. He said Ok welcome to America. Same stuff I told to visa officer in embassy 

Then you should be fine. I strongly suggest you to make sure you read the AOS guidelines posted in here a couple times, to make sure you make things right from the get-go and avoid RFEs, which can delay the process. 

AOS guidelines

[powerpuff 6,538]

You mentioned in your other thread that you don’t want to be stuck at home doing nothing while waiting for EAD. Just a heads up: that’s exactly what’s going to happen. Depending on your state, you might also not be able to get a driver license without EAD. I’m going through the process right now and thankfully I can drive. So if working (and traveling) is a priority to you, then I would go back and finish the IR1 process. 

Edited January 13, 2022 by powerpuff

[Rocio0010 5,579]

2 minutes ago, powerpuff said:

You mentioned in your other thread that you don’t want to be stuck at home doing nothing while waiting for EAD. Just a heads up: that’s exactly what’s going to happen. Depending on your state, you might also not be able to get a driver license without EAD. I’m going through the process right now and thankfully I can drive. So if working (and traveling) is a priority to you, then I would go back and finish the IR1 process. 

Ah, yes. If the ability to work is really important, then better go home at finish the IR1. One has to chose their battles.

[Hamy 1]

3 minutes ago, Rocio0010 said:

Ah, yes. If the ability to work is really important, then better go home at finish the IR1. One has to chose their battles.

You're right AOS isn't best option for me. It takes so long and I'll get sick sitting at home and doing nothing. Btw thanks for your help and thanks to VJ community you guys are always so helpful, nice and polite to me. 

[Rocio0010 5,579]

1 minute ago, Hamy said:

You're right AOS isn't best option for me. It takes so long and I'll get sick sitting at home and doing nothing. Btw thanks for your help and thanks to VJ community you guys are always so helpful, nice and polite to me. 

YW. The good thing is that you are free to come visit with a B1/B2 visa while you await for the process.

[powerpuff 6,538]

3 minutes ago, Rocio0010 said:

YW. The good thing is that you are free to come visit with a B1/B2 visa while you await for the process.

Exactly, having that is a real gem these days with consulates virtually not processing tourist visas. 

[Hamy 1]

1 minute ago, powerpuff said:

Exactly, having that is a real gem these days with consulates virtually not processing tourist visas. 

Yeah you guys are right. Hopefully I will be lucky for my IR1 interview and visa. Need prayers 🙏

[Cathi 5,740]

10 hours ago, Rocio0010 said:

 

 

As long as you didn't lie to CBP at the port of entry in terms of your intention then you should be fine.

Intent is determined at POE so this is a non-issue.

[Rocio0010 5,579]

2 hours ago, Cathi said:

Intent is determined at POE so this is a non-issue.

This is exactly what I’m saying

[Hamy 1]

6 hours ago, Cathi said:

Intent is determined at POE so this is a non-issue.

Will you please brief it. I didn't get what you said. I will appreciate it. Thanks 

[Rocio0010 5,579]

6 minutes ago, Hamy said:

Will you please brief it. I didn't get what you said. I will appreciate it. Thanks 

This is what I said. If the officer suspected you’d come to overstay, that would have happened when you entered the country.