AOS while IR1 is in process

[Hamy 1]

13 minutes ago, Rocio0010 said:

No one can give you a specific answer. You said you didn’t want to sit around and wait for the EAD, so the answer is on you. You can certainly stay and adjust status, just know that inability to work is a con.

 

Not true. Intent is determined by CBP at the POE.

Since he already made decision at POE so I'm good so far

[Rocio0010 5,579]

2 minutes ago, Hamy said:

Since he already made decision at POE so I'm good so far

Yep. So wanting to stay and AOS or leave and do CR2 is now completely up to you.

[Hamy 1]

1 hour ago, Rocio0010 said:

Yep. So wanting to stay and AOS or leave and do CR2 is now completely up to you.

How many chances they can reject my AOS just bcz I entered in USA on B2?

[Rocio0010 5,579]

6 minutes ago, Hamy said:

How many chances they can reject my AOS just bcz I entered in USA on B2?

Sorry, I realized I made a typo. It’s CR1.

i can’t tell you about denial chances without knowing your case in detail.

[Hamy 1]

2 minutes ago, Rocio0010 said:

Sorry, I realized I made a typo. It’s CR1.

i can’t tell you about denial chances without knowing your case in detail.

I can provide details if you tell what details? Again I'll appreciate your help. 

[Rocio0010 5,579]

3 minutes ago, Hamy said:

I can provide details if you tell what details? Again I'll appreciate your help. 

Age gap?

Religious differences?

any previous visa applications?

any previous denials?

previous marriages?

[Hamy 1]

Just now, Rocio0010 said:

Age gap?

Religious differences?

any previous visa applications?

any previous denials?

previous marriages?

Age gap : 5 years 

She is 30 nd I'm 25

Religious Differences :

I'm Muslim and She's Christian 

Any previous visa application:

I applied for B2 visa which has been approved. Filed I-130 which has been approved and sitting at NVC waiting for interview in embassy. 

Any Previous denials:

No denial even not RFE in whole time

Previous Marriage:

This is our first marriage

Marriage age:

We got marry in Feb 2020 in Thailand it was destination marriage

Have any kid:

Not yet

 

[Rocio0010 5,579]

3 minutes ago, Hamy said:

Age gap : 5 years 

She is 30 nd I'm 25

Religious Differences :

I'm Muslim and She's Christian 

Any previous visa application:

I applied for B2 visa which has been approved. Filed I-130 which has been approved and sitting at NVC waiting for interview in embassy. 

Any Previous denials:

No denial even not RFE in whole time

Previous Marriage:

This is our first marriage

Marriage age:

We got marry in Feb 2020 in Thailand it was destination marriage

Have any kid:

Not yet

 

I am not an immigration expert, but I don’t see any red flags based on what you’re saying. So I think that The decision whether to stay and adjust or leave and follow along with the CR1 is entirely yours at this point.

The good thing is that either way, you’re likely to get a 10 year gc because you will have been married for +2 yrs by the time you get approved. 

[Hamy 1]

1 minute ago, Rocio0010 said:

I am not an immigration expert, but I don’t see any red flags based on what you’re saying. So I think that The decision whether to stay and adjust or leave and follow along with the CR1 is entirely yours at this point.

The good thing is that either way, you’re likely to get a 10 year gc because you will have been married for +2 yrs by the time you get approved. 

Yeah right so AOS will get in effect when we will receive notice from USCIS? 

[Rocio0010 5,579]

15 minutes ago, Hamy said:

Yeah right so AOS will get in effect when we will receive notice from USCIS? 

What do you mean with “get in effect”?

[Hamy 1]

Just now, Rocio0010 said:

What do you mean with “get in effect”?

I mean I have legal stay in USA till 1st April if I apply for AOS on 20 January what will happen if USCIS doesn't send any notice till APRIL?  Just curious.. Trying to make sure that I have sufficient legal stay in US

[Rocio0010 5,579]

28 minutes ago, Hamy said:

I mean I have legal stay in USA till 1st April if I apply for AOS on 20 January what will happen if USCIS doesn't send any notice till APRIL?  Just curious.. Trying to make sure that I have sufficient legal stay in US

So you’re in a B1/B2 status until April 1st. 
After that, until you get your notice, you’ll be out of status. However, because you’re married to a USC, that’s not a bar to adjust.

[Hamy 1]

Hi friends I was almost about to fill up my I-485 but I read somewhere in the forum that for filing this you must have a I-130 in process but my i-130 isn't in process it's already approved. I'm confuse now

[Rocio0010 5,579]

5 minutes ago, Hamy said:

Hi friends I was almost about to fill up my I-485 but I read somewhere in the forum that for filing this you must have a I-130 in process but my i-130 isn't in process it's already approved. I'm confuse now

If you’re going to do AOS, then should to follow these steps:

1) grab the I-130 receipt and tell them you want them to close the CR1 case. Send a copy of that receipt with a letter.

2) go ahead and file for AOS and include a copy of the I-130 receipt.

[Hamy 1]

Just now, Rocio0010 said:

If you’re going to do AOS, then should to follow these steps:

1) grab the I-130 receipt and tell them you want them to close the CR1 case. Send a copy of that receipt with a letter.

2) go ahead and file for AOS and include a copy of the I-130 receipt.

How can I inform them about closing CR1?