AOS on ESTA (already filed CR1)

[Sarah G 166]

Thank you all for your very helpful posts. I think the thing that is tempting me is that realistically we are looking at at least another year before I get my CR1. We filed in January, the petition will likely be adjudicated in December (as things are right now) and from there is another 5 months or so to get through the rest of the process. A year feels like a long time right now. But, I still need to weigh up all the pros and cons to both and we will make a decision. Thank you again for sharing your knowledge. 

Edited May 4, 2019 by Sarah G

[POM 21]

You are not considered a overstay while the AOS is adjudicating, I don't see why you wouldn't file now along with AP and EAD.

 

[TabeaK 516]

Because she may want to be able to go home? To unravel her UK life before moving? To avoid a potentially stressful interview? To avoiod being in limbo for 6+ months?

[little immigrant 800]

On 5/4/2019 at 10:56 AM, Sarah G said:

Thank you all for your very helpful posts. I think the thing that is tempting me is that realistically we are looking at at least another year before I get my CR1. We filed in January, the petition will likely be adjudicated in December (as things are right now) and from there is another 5 months or so to get through the rest of the process. A year feels like a long time right now. But, I still need to weigh up all the pros and cons to both and we will make a decision. Thank you again for sharing your knowledge. 

AOS will take 1.5 years if not longer. You won't be able to go home in the meantime if you need to finish up things back at home. You will not be able to say goodbye to family and friends. Anyways, all of this has been mentioned already.

 

Have you made a decision yet? I'm just curious, not trying to pressure you  

[Sarah G 166]

6 hours ago, little immigrant said:

AOS will take 1.5 years if not longer. You won't be able to go home in the meantime if you need to finish up things back at home. You will not be able to say goodbye to family and friends. Anyways, all of this has been mentioned already.

 

Have you made a decision yet? I'm just curious, not trying to pressure you  

Once EAD and AP are granted I could travel, which would only be around 5-7 months. 

 

We saw a lawyer yesterday who was very helpful but as yet we have not made a decision. I'm still leaning towards leaving in July at this point, but we need to sit down and make a budget and a list of pros and cons for both options and decide what is going to work best for us. For now we are both taking some time to mull things over individually and next week we will look at it together and make a mutual decision. I'm not in a hurry to decide right now, I want to be sure we do the right thing for both of us. 

 

Don't worry, no pressure perceived 😊

[Sarah G 166]

I should also say that wrapping things up at home is pretty much done. When we started our relationship I gave up my own home and took a live-in job. All my belongings that aren't already in the US are packed and stored in my sister's garage - they amount to four boxes, one suitcase, two small sewing tables, three paintings and a lamp. Being able to say goodbyes is more of a consideration than anything else in terms of leaving my life there. 

[Jon & Ygritte 178]

On 5/8/2019 at 1:56 AM, Sarah G said:

I should also say that wrapping things up at home is pretty much done. When we started our relationship I gave up my own home and took a live-in job. All my belongings that aren't already in the US are packed and stored in my sister's garage - they amount to four boxes, one suitcase, two small sewing tables, three paintings and a lamp. Being able to say goodbyes is more of a consideration than anything else in terms of leaving my life there. 

Wow, it seems like you WERE planning to move.

 

I'd definitely go back to the UK and continue with the CR-1 route. You have no idea how much the AOS process has slowed down now. It could be a long time stuck in limbo.

[Sarah G 166]

1 hour ago, Jon & Ygritte said:

Wow, it seems like you WERE planning to move.

 

I'd definitely go back to the UK and continue with the CR-1 route. You have no idea how much the AOS process has slowed down now. It could be a long time stuck in limbo.

I was planning to move eventually. I haven't had my own home for close to two years since I started working a live-in job. It just so happened that prior to this trip, the friend that was storing my stuff moved house and needed me to get my things out of there. The only place I could take it was my sister's and she has less room. I also kept in mind that at some point I will need to ship my things so obviously reducing made sense. I wasn't planning to move immediately, I was planning to move eventually. 

[Crazy Cat 39,169]

8 minutes ago, Sarah G said:

I was planning to move eventually. I haven't had my own home for close to two years since I started working a live-in job. It just so happened that prior to this trip, the friend that was storing my stuff moved house and needed me to get my things out of there. The only place I could take it was my sister's and she has less room. I also kept in mind that at some point I will need to ship my things so obviously reducing made sense. I wasn't planning to move immediately, I was planning to move eventually. 

When does your I-94 expire?

[Sarah G 166]

17 minutes ago, missileman said:

When does your I-94 expire?

July 22nd. If we file we will do so before then. 

[TBoneTX 43,011]

A post insulting to others has been removed.  Directness is OK; assaults are not.  Please post accordingly.

[Sarah G 166]

Update:

 

Nebraska has now lengthened their processing time once again. We have decided to go ahead with AoS. I've arranged for my important documents to be sent to me from the UK and once I have everything together we will be filing the paperwork. As we see it, we have an opportunity to stay together which is better than being apart for an unknown, and ever lengthening, period of time - even if that time is spent in limbo. 

[martin bk 19]

Your situation is very similar to my own, I came to visit and my husband asked me to stay the 90 days instead of the planned 10, then about two weeks before i was due to fly home the subject of staying was brought up. 

We decide to stay I applied September 2018, EAD came the end of November - I didn’t apply for AP we had our interview Boxing Day (2019) and the subject of intent was brought up so just bare that in mind. 

The biggest delay in my case was that my file was  requested (the original CR1) and that took months to get to my local office it was mentioned at my interview as well and delayed the decision on my case as without the file the officer could not proceed. If I could do it over I would probably have stayed the CR1 the extra stress and worry about “what if”did create a lot more tension, worry. We didn’t use a lawyer and did not get any RFE - side note don’t do the medical straight away but phone and check to see what the appointment times are in your state, I ended up having mine done twice. As the first ran out and I didn’t want to risk being denied because it was 13 months old. 

[eckoin 211]

8 hours ago, martin bk said:

Your situation is very similar to my own, I came to visit and my husband asked me to stay the 90 days instead of the planned 10, then about two weeks before i was due to fly home the subject of staying was brought up. 

We decide to stay I applied September 2018, EAD came the end of November - I didn’t apply for AP we had our interview Boxing Day (2019) and the subject of intent was brought up so just bare that in mind. 

The biggest delay in my case was that my file was  requested (the original CR1) and that took months to get to my local office it was mentioned at my interview as well and delayed the decision on my case as without the file the officer could not proceed. If I could do it over I would probably have stayed the CR1 the extra stress and worry about “what if”did create a lot more tension, worry. We didn’t use a lawyer and did not get any RFE - side note don’t do the medical straight away but phone and check to see what the appointment times are in your state, I ended up having mine done twice. As the first ran out and I didn’t want to risk being denied because it was 13 months old. 

I read your interview review - out of curiosity, what did you say when the interviewer told you that you shot yourselves in the foot by adjusting status and that people "used to be deported for that kind of thing"? 

 

I'm curious about the interviewer's thought process on bringing it up in that way. I'm guessing he was interested to see if you'd squirm?