i-130 approved (but I can't do consular processing)

[doctorsheldon 0]

Hi, if someone could help me answer this question, I would appreciate it ...

 

In September 2022, my wife (a US citizen by birth and then permanent resident, now dual Australian and US citizen) petitioned me for an i-130 alien spouse/relative of a US citizen) Green Card. We both lived together in Australia at the time, so we filed through consular processing.

 

In June 2023, nine months later, we relocated to the US but I was required to travel on a B2 visitor visa (ESTA only allows three months and is not extendable). The USCIS extended that visa from 6 months to 11 months as I also filed the i-539 (application to extend non-immigrant visa). I explained why: my mother-in-law and wife were going through major chronic and progressive health battles and needed to be together (with me there also because I am her legal spouse and son-in-law). They approved and I didn't need extra evidence.

 

After 12 months, my i-130 petition was approved and sent to the NVC (for consular processing), which means I would have to relocate back to Australia with my wife and attend the consular interview in Sydney. But, this would create undue hardship. Not only does it cost too much money (we would have to both take a return flight to Australia and back - double the return airfares), there is the additional stress of my wife renewing her passport, which has less than 6 months until it expires. Also, with her health battles, this would cause great stress (beyond the normal stresses of relocating - both myself and my spouse have autism spectrum disorder, which adds to the stress).

 

I've been informed by 24/7 legal assistants that I could file an i-485 adjustment of status which means I would have to remain in the USA (even beyond my eleven months allowable on a B2 visa) and that the USCIS would process my case, not the Department of State. Not sure how this would affect the i-130, and whether or not the evidence my wife already submitted (to prove a bona-fide and holistic marriage) would have to be resubmitted. I'm also unsure if an electronic copy of my i-130 approval notice could be used instead of a paper notice (which is often printed on USCIS letterhead paper and labelled: Notice of Action i-797).

 

The i-485 takes 8-12 months to process; what would my work rights in the US be like while this was pending? (I want to make sure that I'm continuing to follow US law and I've been in the USA for more than 90 days already)

 

Thank you in advance, even if you can't give answers and have to seek full professional advice from an attorney.

[Crazy Cat 41,888]

***Moved this to Adjustment of Status from Work, Student, and Tourist Visas***

 

You submit an I-485 package, and I-131 package, and an I-131 package.  Include the I-797 receipt for your I-130 approval.  Once your I-765 is approved, you will be authorized to work.  Once the I-131 is approved, you will be allowed to leave the US & Return.  If you file an I-485, then leave the US prior to having an approved I-131, you will abandon the I-485.  

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