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Michel42

Consular Processing to AOS

By Michel42 in Adjustment of Status from Work, Student, & Tourist Visas

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Michel42 Newbie

Michel42   1

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Im currently in F2A with PD early 2022. My wife has been visiting me on ESTA since last week and is here for another 2 months. Our I-130 got approved 3 days ago. Lawyers are saying we can use this opportunity to now do AOS as she entered lawfully and genuinely didn't have a dual intent when she arrived. She already had a return ticket when she crossed the border and we literarily had no idea the I-130 would be approve.

 

Is that risky to do or does it feel safe enough given the circumstances? If too risky we will continue with consular processing but that would allow us to be together while we wait. And hopefully have an EAD and AP quite quickly?

 

Thanks to share any knowledgable you might have of similar cases!

 

Crazy Cat Grand Master

Crazy Cat   41,985

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Filed: Citizen (apr) Country: Taiwan
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What country? 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Crazy Cat Grand Master

Crazy Cat   41,985

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Filed: Citizen (apr) Country: Taiwan
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1 minute ago, Michel42 said:

France

I assume you know that Adjustment of Status will mean no work and no leaving the US for at least 3 to 8 months.  It will also mean no green card for some time...maybe a year. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Michel42 Newbie

Michel42   1

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Yes. The lawyers were actually a bit more pessimistic in terms of delay. They say 6 to 8 months for EAD, 12 to 18 months for AP. 

 

> It will also mean no green card for some time...maybe a year

 

Yes, but the laternative is t wait in consular processing. Which also means no green card for some time. In both cases we are dependent of the VB becoming current.

Crazy Cat Grand Master

Crazy Cat   41,985

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3 minutes ago, Michel42 said:

Yes, but the laternative is t wait in consular processing. Which also means no green card for some time. In both cases we are dependent of the VB becoming current.

You're right.....  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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powerpuff Veteran

powerpuff   6,744

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Filed: Lift. Cond. (pnd) Country: Kazakhstan
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Spouses of Green card holders are barred from adjusting status on VWP/ESTA:

 

 https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7: "A noncitizen admitted as a nonimmigrant without a visa under a Visa Waiver Program is barred from adjustment of status …These bars do not apply, however, to those seeking to adjust status as an immediate relative of a U.S. citizen or VAWA-based applicants."

 

Consular processing is your only option at the moment.

 

 

OldUser Veteran

OldUser   6,986

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3 minutes ago, powerpuff said:

 

Spouses of Green card holders are barred from adjusting status on VWP/ESTA:

 

 https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7: "A noncitizen admitted as a nonimmigrant without a visa under a Visa Waiver Program is barred from adjustment of status …These bars do not apply, however, to those seeking to adjust status as an immediate relative of a U.S. citizen or VAWA-based applicants."

 

Consular processing is your only option at the moment.

Great catch

JKLSemicolon Community Regular

JKLSemicolon   414

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Filed: Lift. Cond. (pnd) Country: Ecuador
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9 hours ago, Michel42 said:

Yeah, that's what I thought. I need to loop my lawyers in again, they shouldn't miss something like that 😬


A mistake like that from your lawyers could have potentially had huge negative consequences for you. Might be time to start looking for someone more competent (if you think you need a lawyer at all).

Crazy Cat Grand Master

Crazy Cat   41,985

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
9 hours ago, powerpuff said:

 

Spouses of Green card holders are barred from adjusting status on VWP/ESTA:

 

 https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7: "A noncitizen admitted as a nonimmigrant without a visa under a Visa Waiver Program is barred from adjustment of status …These bars do not apply, however, to those seeking to adjust status as an immediate relative of a U.S. citizen or VAWA-based applicants."

 

Consular processing is your only option at the moment.

Good catch, @powerpuff

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

 
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