AOS after CR1 filed and NOA1 received

[medoraman 0]

Hi,

My wife and I have changed plans, and hope to have Buddhist ceremony in Thailand earlier than we thought. We filed CR1 in July and received NOA1 already. If she came here in December and petitioned for AOS, what problems could we have? She has a ten year visa so hopefully entry would not be a problem. Would the AOS change her interview location? She would not need to leave the country until all immigration paperwork is done if we could get the interview here in the states instead.

Thanks in advance for all of your help. All of this can be very confusing.

[imaisha 1]

Maybe I'm misunderstanding something here but I'm pretty sure your wife is not eligible to adjust status. There is no way she'd be able to prove that she entered without immigrant intent if she's got a petition for an immigrant visa pending.

[Chris Me lil D 18]

Hi,

My wife and I have changed plans, and hope to have Buddhist ceremony in Thailand earlier than we thought. We filed CR1 in July and received NOA1 already. If she came here in December and petitioned for AOS, what problems could we have? She has a ten year visa so hopefully entry would not be a problem. Would the AOS change her interview location? She would not need to leave the country until all immigration paperwork is done if we could get the interview here in the states instead.

Thanks in advance for all of your help. All of this can be very confusing.

If you filed for CR-1 in July, she could come to visit in US in Dec but not apply for AOS while there. It's against the process. There's no way she can do that. It's my understanding and knowledge of the immigration process. If someone else thinks the opposite, please...

Plus, as it's going now with the CR-1 visas, she might be done with the whole thing by Feb/March next year and be in US with you... Good luck!!!

[medoraman 0]

Ok, so she couldn't come here to file AOS. How about the interview location? Does that still need to be in Thailand? How about changing her mailing address so we can make sure she gets the packet if she happens to be in the US at the time of mailing? I think we could change her address to her mother's so we would know when it arrived.

If she came here and had 3 months, how long would she have to wait until she could come back, assuming the CR1 takes longer than we hope to process? If she came here on visitor's visa again in December would that be a flag to immigration if she just left here in August?

[imaisha 1]

She will be interviewed in Thailand unless she becomes a resident of another country before then. The U.S. does not count. It's not an option. When you get to the NVC stage you will give them both of your email addresses. They will send you everything you need to know via email, including the interview packet. If the embassy there sends out more information on their own that's another story, but someone in the regional forum would be able to let you know if that exists.

As for coming for another visit, that's entirely up to the immigration officer she gets that day. It's always a gamble. Were you married the last time she came in as a visitor?

[medoraman 0]

Yes we were married this summer. We did not plan to at first but just wanted to. She has been to the US a few times before. Her plan was to go back to Thailand and finish teaching this fall, then spend time with her mother before our Buddhist wedding. Now she just wants to be with me sooner. That is why we did not file for AOS this summer.

Well hopefully she gets three month when she comes here from our Buddhist wedding. When she comes to the US on the visitor visa, should she tell Immigration that she is here to visit her husband? Will that be a red flag? There is no danger we will overstay a visa or anything else to endanger her ability to immigrate here.

[imaisha 1]

So the last time she entered, she was not married but now she is?

She'll have to bring a lot of proof along with her. She shouldn't announce that she's here visiting her husband out of the blue as it is a major red flag, but if she is asked she has to tell them. She cannot lie to an immigration officer ever. She should bring as much proof that she will return as possible. Leases, mortgages, car payments, job agreements, a letter from her boss, etc. Also the NOA1 from your petition and obviously a return ticket- and I wouldn't count on them giving her three months to stay. It's a big gamble.

You say "There is no danger we will overstay a visa or anything else to endanger her ability to immigrate here." But they always assume that there is.