Case Approved but spouse now has L1 visa -- AOS or fly back for interview?

[Nay2223 3]

So, the title says it all, lol

 

We filed the I-130 in July 2021 and our case was finally approved! The week before, though, my husband was issued his L-1B visa and will be transferring here for work starting in July. Our case is at NVC and my question is if we should keep moving through as if he plans to interview in Nigeria or wait until he gets here and start the AOS process? I want to keep moving as if he would just be flying back for his interview, but just looking for any feedback. Thanks!

[milimelo 4,561]

Given that getting an interview will take a while, I’d have him start on L-1B while completing NVC process and then go back to Nigeria for interview when scheduled. Doing AOS which strands him until AP, EAD for months and could take years makes no sense.
 

Arriving on immigrant visa is superior as it starts his permanent residency at POE and he has naturalization in sight 3 yrs later vs waiting 1-2 years for residency THEN starting the clock for naturalization in 3 years. 

[Nay2223 3]

4 hours ago, milimelo said:

Given that getting an interview will take a while, I’d have him start on L-1B while completing NVC process and then go back to Nigeria for interview when scheduled. Doing AOS which strands him until AP, EAD for months and could take years makes no sense.
 

Arriving on immigrant visa is superior as it starts his permanent residency at POE and he has naturalization in sight 3 yrs later vs waiting 1-2 years for residency THEN starting the clock for naturalization in 3 years. 

thanks!

[pushbrk 13,118]

5 hours ago, milimelo said:

Given that getting an interview will take a while, I’d have him start on L-1B while completing NVC process and then go back to Nigeria for interview when scheduled. Doing AOS which strands him until AP, EAD for months and could take years makes no sense.
 

Arriving on immigrant visa is superior as it starts his permanent residency at POE and he has naturalization in sight 3 yrs later vs waiting 1-2 years for residency THEN starting the clock for naturalization in 3 years. 

Concur completely.

[nastra30 2,359]

8 hours ago, milimelo said:

Given that getting an interview will take a while, I’d have him start on L-1B while completing NVC process and then go back to Nigeria for interview when scheduled. Doing AOS which strands him until AP, EAD for months and could take years makes no sense.
 

Arriving on immigrant visa is superior as it starts his permanent residency at POE and he has naturalization in sight 3 yrs later vs waiting 1-2 years for residency THEN starting the clock for naturalization in 3 years. 

This, right on point.

[Redro 4,612]

I thought L1 visas were allowed to travel and work even after AOS was filed @laylalex can you confirm? 

ETA: Nigeria has a backlog so not sure interviewing in Nigeria or waiting for adjustment of status is better. You are probably looking at the same timeline to green card. 

Edited May 26, 2022 by ROK2USA

[laylalex 7,300]

2 hours ago, ROK2USA said:

I thought L1 visas were allowed to travel and work even after AOS was filed @laylalex can you confirm? 

ETA: Nigeria has a backlog so not sure interviewing in Nigeria or waiting for adjustment of status is better. You are probably looking at the same timeline to green card. 

Yes, that's correct. I actually meant to comment here but overlooked it before. My husband and I filed AOS from his L1B, and during that time he was able to work (duh, he was here on a work visa, so he kind of had to work to abide the terms of his visa) and travel under his existing authorization to be in the US. We had also filed for AP and EAD through the AOS, just in case it took a very long time for AOS to complete (in the end, it was only like 8 months or so) and his visa had expired. He was never stranded because his L1 was still valid.

[Nay2223 3]

4 hours ago, laylalex said:

Yes, that's correct. I actually meant to comment here but overlooked it before. My husband and I filed AOS from his L1B, and during that time he was able to work (duh, he was here on a work visa, so he kind of had to work to abide the terms of his visa) and travel under his existing authorization to be in the US. We had also filed for AP and EAD through the AOS, just in case it took a very long time for AOS to complete (in the end, it was only like 8 months or so) and his visa had expired. He was never stranded because his L1 was still valid.

Ok, just so I'm clear--  Our question is weather to fly back to Nigeria once his CR-1 interview is scheduled since our case is approved OR file AOS once here.. I'm not as familiar with the AOS process, and from but it seems like it makes more sense to continue our process and have hime return to Nigeria for his interview since he can go back and forth with his L1B.

 

I think I'm worried about something happening and hime getting stuck in Nigeria. But what are the chances of that? Either way, he could still return on his L1B and we could do AOS?

 

If doing AOS, looks like we should file for AP and EAD in case it takes so long for AOS that his L1B expires (his L1B is 2 years).

 

Sounds like a long process either way -- So I think I'm looking for path that's less cumbersome. He thinks might be better to AOS, but I like the idea of just moving along the path we've been on.

 

Thanks for the input!

[Redro 4,612]

7 minutes ago, Nay2223 said:

Ok, just so I'm clear--  Our question is weather to fly back to Nigeria once his CR-1 interview is scheduled since our case is approved OR file AOS once here.. I'm not as familiar with the AOS process, and from but it seems like it makes more sense to continue our process and have hime return to Nigeria for his interview since he can go back and forth with his L1B.

 

I think I'm worried about something happening and hime getting stuck in Nigeria. But what are the chances of that? Either way, he could still return on his L1B and we could do AOS?

 

If doing AOS, looks like we should file for AP and EAD in case it takes so long for AOS that his L1B expires (his L1B is 2 years).

 

Sounds like a long process either way -- So I think I'm looking for path that's less cumbersome. He thinks might be better to AOS, but I like the idea of just moving along the path we've been on.

 

Thanks for the input!

Will your husband move to the same city you're currently in?

Different cities have different times to green card. I would 100% file for AP and EAD with the AOS (no extra cost). 

 

Not seeing a lot of movement in the Lagos Embassy thread, but it looks like people DQ'ed January 2021 are still waiting for an interview. 

NVC stage is currently 75 days. So, your husband might only interview in Nigeria in 1.5- 2 years. 

I (personally) think filing adjustment would be the easier option. 

If Nigeria doesn't speed up your husband could be interviewing in Lagos 2024... 

 

Would like to know... when you filed the I-130 was he living in Canada of Nigeria? 

 

[Nay2223 3]

10 minutes ago, ROK2USA said:

Will your husband move to the same city you're currently in?

Different cities have different times to green card. I would 100% file for AP and EAD with the AOS (no extra cost). 

 

Not seeing a lot of movement in the Lagos Embassy thread, but it looks like people DQ'ed January 2021 are still waiting for an interview. 

NVC stage is currently 75 days. So, your husband might only interview in Nigeria in 1.5- 2 years. 

I (personally) think filing adjustment would be the easier option. 

If Nigeria doesn't speed up your husband could be interviewing in Lagos 2024... 

 

Would like to know... when you filed the I-130 was he living in Canada of Nigeria? 

 

His job is in a different city so no, he'll be in another state for now.

Oh wow - that a great point - definitely makes me lean towards AOS.

 

Filed I-130 with him in Nigeria

[laylalex 7,300]

43 minutes ago, Nay2223 said:

Ok, just so I'm clear--  Our question is weather to fly back to Nigeria once his CR-1 interview is scheduled since our case is approved OR file AOS once here.. I'm not as familiar with the AOS process, and from but it seems like it makes more sense to continue our process and have hime return to Nigeria for his interview since he can go back and forth with his L1B.

 

I think I'm worried about something happening and hime getting stuck in Nigeria. But what are the chances of that? Either way, he could still return on his L1B and we could do AOS?

 

If doing AOS, looks like we should file for AP and EAD in case it takes so long for AOS that his L1B expires (his L1B is 2 years).

 

Sounds like a long process either way -- So I think I'm looking for path that's less cumbersome. He thinks might be better to AOS, but I like the idea of just moving along the path we've been on.

 

Thanks for the input!

That sounds like a very prudent way to handle it. The CR1 can be a lot less headache than AOS from the L1B, and the bonus is he has the green card right away. So if he wants to change jobs, he doesn't need to wait until AOS is complete. (Technically you could change jobs under the EAD from the AOS, but that seemed risky to us.) But as @ROK2USA points out, Lagos is taking forever right now. AOS may be faster. Is there any reason why both processes can't continue at the same time? That's something I don't know about.

 

We filed for the AP and EAD even though he had the L1B for similar reasons -- you never know what can go wrong, including layoffs. Belt and braces as they say in the UK! 

[Redro 4,612]

23 minutes ago, Nay2223 said:

His job is in a different city so no, he'll be in another state for now.

Oh wow - that a great point - definitely makes me lean towards AOS.

 

Filed I-130 with him in Nigeria

So, if you're living in different states you'll probably interview at the field office associated with his address (not your address). 

If you adjust the interviewer will ask why you aren't living together... so make sure to document time spent together. Not sure what other type of relationship proof you'll have.... I know people suggest wills, adding spouse as emergency contact at work, life insurance... 

Where will he be living? I think you can check timelines to see how long AOS cases are taking out of each field office.

You can also visit the adjustment progress report subforum to keep up with current timelines.

 

9 minutes ago, laylalex said:

That sounds like a very prudent way to handle it. The CR1 can be a lot less headache than AOS from the L1B, and the bonus is he has the green card right away. So if he wants to change jobs, he doesn't need to wait until AOS is complete. (Technically you could change jobs under the EAD from the AOS, but that seemed risky to us.) But as @ROK2USA points out, Lagos is taking forever right now. AOS may be faster. Is there any reason why both processes can't continue at the same time? That's something I don't know about.

 

We filed for the AP and EAD even though he had the L1B for similar reasons -- you never know what can go wrong, including layoffs. Belt and braces as they say in the UK! 

I-130 has just been approved and OP has to pick one path.

Either pay the NVC fees (I think its around $400) and submit documents to NVC. Or adjust status ($1200?) and send documents to USCIS. 

I'm not sure though... but I think OP can submit documents to NVC and then file for adjustment when husband arrives. I am aware some members have been scheduled for appointments by embassy (because they filed adjustment after passing NVC stage)... but generally they'll write a letter to the embassy informing them they've filed adjustment and won't attend the interview. 

Edited May 27, 2022 by ROK2USA