Can we start to file CR-1 whilst both parties are in the US? [merged threads]

[aaron2020 11,651]

30 minutes ago, ilovepizza said:

Is that allowed if I can only stay legally until early June (my I-94 class of admission is B2) ? We won't receive our marriage certificate for a few weeks so can't file yet, and I know that if you file for AOS you can't leave the country for quite some time. How long does AOS normally take? thank you!

You're inside the US, so it's allowed.  Marry and file for AOS.  When you file for AOS, you will file for your EAD and AP.  The EAD/AP card is taking 6-8 months.  You will need the EAD to legally work and AP to leave and be able to return to the US.  With a job offer, you could try to get them expedited.

Once you file for AOS, you are authorized to stay in the US.  It doesn't matter if you overstay your I-94.  Any overstay would be forgiven as the spouse of a US citizen. 

The downside is not being able to work or leave the US for 6-8 months is the downside vs. a CR-1 spousal visa from abroad. 

[ilovepizza 0]

2 minutes ago, aaron2020 said:

You're inside the US, so it's allowed.  Marry and file for AOS.  When you file for AOS, you will file for your EAD and AP.  The EAD/AP card is taking 6-8 months.  You will need the EAD to legally work and AP to leave and be able to return to the US.  With a job offer, you could try to get them expedited.

Once you file for AOS, you are authorized to stay in the US.  It doesn't matter if you overstay your I-94.  Any overstay would be forgiven as the spouse of a US citizen. 

The downside is not being able to work or leave the US for 6-8 months is the downside vs. a CR-1 spousal visa from abroad. 

Thanks so much for the detailed explanation! 

[Demise 1,351]

4 hours ago, ilovepizza said:

Is that allowed if I can only stay legally until early June (my I-94 class of admission is B2) ? We won't receive our marriage certificate for a few weeks so can't file yet, and I know that if you file for AOS you can't leave the country for quite some time...

Yeah it's allowed. Only issue is coming on a tourist visa with the intent to file for AOS. Since you didn't know that's even an option there was obviously no intent here.

 

You remain in a period of authorized stay once the I-485 gets to USCIS. You do not need to maintain your B-2 past that point and don't have to leave. Also while not relevant in this case since June is still a ways away, overstays are forgiven in cases of marriage to a US Citizen if you were to fall out of status for some reason.

 

It is correct that you can't leave the country until you get advance parole, which these days takes like 6-8 months.

[pushbrk 13,133]

2 hours ago, Demise said:

Yeah it's allowed. Only issue is coming on a tourist visa with the intent to file for AOS. Since you didn't know that's even an option there was obviously no intent here.

 

You remain in a period of authorized stay once the I-485 gets to USCIS. You do not need to maintain your B-2 past that point and don't have to leave. Also while not relevant in this case since June is still a ways away, overstays are forgiven in cases of marriage to a US Citizen if you were to fall out of status for some reason.

 

It is correct that you can't leave the country until you get advance parole, which these days takes like 6-8 months.

Being pedantic here but nothing at all prevents one from leaving the USA, BUT, if they do before receiving Advance Parole, they will not get back in.  They would then be left with an abandoned I-485 and the need to complete a visa process abroad instead.

[ilovepizza 0]

Hello, I'm a Canadian passport holder and a Hong Kong citizen. I came to the US from Hong Kong on Dec 11 to visit my boyfriend during the holidays, but because of travel bans I have not been able to go back home. In the meantime we got married.  I'm travelling on a B2 and my My I-94 states that I can stay until June. We got married on Feb 17 and are planning to go down the CR-1 route, however I wanted to inquire about the AOS whilst I'm still in the US. I have a few questions:

 

1. Does the 90-day rule still apply? Since I got married only 68 days after arriving in the US, I'm worried that by applying for an AOS it might be a misrepresentation of my original intention to leave the US.

2. I'm currently working remotely - would this be allowed if I apply for the AOS?

3. How much faster is the AOS compared to CR1? I've seen conflicting times ranging from 8-14 months for AOS and 1.5 years + for CR1. Is CR1 currently still being impacted by covid backlogs?

4. How long does Advance Parole take? I'm also seeing conflicting times for this.

5. For AOS, once you get Advance Parole, how long can you leave the US for? Or can you only leave for a short trip because of biometrics, interviews etc?

 

Thanks so much in advance! 

[TBoneTX 46,194]

A related query in the K-3 Process forum has been merged with this thread.

Edited March 10, 2022 by TBoneTX

[ilovepizza 0]

Hello, I'm a Canadian passport holder and a Hong Kong citizen. I came to the US from Hong Kong on Dec 11 to visit my boyfriend during the holidays, but because of travel bans I have not been able to go back home. In the meantime we got married.  I'm travelling on a B2 and my I-94 states that I can stay until June. We got married on Feb  and are planning to go down the CR-1 route, however I wanted to inquire about the AOS whilst I'm still in the US. I have a few questions:

 

1. Does the 90-day rule still apply? Since I got married only 60-ish days after arriving in the US, I'm worried that by applying for an AOS it might be a misrepresentation of my original intention to leave the US.

2. I'm currently working remotely - would this be allowed if I apply for the AOS?

3. How much faster is the AOS compared to CR1? I've seen conflicting times ranging from 8-14 months for AOS and 1.5 years + for CR1. Is CR1 currently still being impacted by covid backlogs?

4. How long does Advance Parole take? I'm also seeing conflicting times for this.

5. For AOS, once you get Advance Parole, how long can you leave the US for? Or can you only leave for a short trip because of biometrics, interviews etc?

 

Thanks so much in advance! 

Edited March 10, 2022 by Penguin_ie
identifying info

[Unlockable 7,315]

1. There is no 90 day rule. This is a misconception that is common with foreigners who come here. You can file for AOS at any time now. 

2. You have been breaking the rules of the B2 visa. You are not allowed to work while on a B2, even remotely. You are not allowed not allowed to work until you receive authorization (EAD).

3. AOS can take 6 months to a year.

4. Advanced Parole and work authorization (EAD) takes 6 to 10 months according to recent reports. And that is when you can start working.

5. Only short trips. If you stay out for too long, you risk missing things like biometric appointments, interviews, and you risk abandoning your AOS.

[pushbrk 13,133]

Good answers already.  For working remotely, I would consider that a grey area.  B1B2 visas are for tourism and business.  It's not like you aren't allowed to login and answer a business email while you're on vacation.  You definitely cannot be employed by a US employer.

[ilovepizza 0]

thank you both! and yes not working for a us employer, just checking emails from time to time.

[Penguin_ie 5,997]

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