Corona Adjustment of Status

[ajn86 0]

Hey all,

 

The family and I arrived stateside on Saturday before the travel ban with plans to return home in 2 weeks (looks very unlikely given situation here and UK).
 

We have had I-130 approved by embassy in London and we’re in progress of filing DCF.
 

Thinking now may be the time to apply for AOS and travel auth and employment authority. 

 

Any thoughts on here on how this application would play out, obviously still need to return home to tie up affairs in UK but with Corona it could be months before it’s safe to take the whole family back to UK.

[JFH 12,189]

Why would it be months before you can return to the UK? Assume you are UK citizens of residents? You will be allowed back in to the UK. We have more cases of the virus here in the US than they do in the UK. 
 

If you stayed to adjust, you would not be able to return for many, many months to tie up affairs. Also you will not be able to work for that duration either. 
 

Spouses and children of US citizens will be able to immigrate even during the travel restriction period.

 

AOS often seems like a simple solution but it is not without a lot of inconvenience, expense and obstacles. 

[ajn86 0]

Resurrection of post.
 

Just updating on this with current details...

 

We’re still here, with no indication of a return flight. My wife (US Citizen) has an expiring UK visa on its way out in September, hence a the planned move.

 

Does anyone have experience of adjusting status from a visa waiver entry? The likelihood of staying here now is probably 80% due to potential job openings for my wife.

 

Any help greatly appreciated!

[portorusa 431]

We are in the process of AOS from ESTA. Like you, my French husband came to visit me for 3 weeks. Then corona happened, his flight was cancelled. We rebooked for a later date. That flight was also cancelled. Meanwhile, his CR-1 visa was almost ready, Paris Embassy asked for his passport to put the visa in. But with the quarantine in France and the Pandemic starting in the US, we decided to stay put and applied for AOS. We are still waiting to get a NOA. My husband’s ESTA recently expired...

[xoom74 2]

I am contemplating on applying for AOS too...but not sure how to do.

 

 background - wife and kid traveled to US in feb 2020, with return data of Jun - 2020 (with no intention of staying longer or doing AOS). Last week, we got email from Airline that tickets are cancelled. In addition, the are no flights to home country and the airports are not expected to open until mid-to-late Jun 2020. We had already started NVC process and had paid the 1V fees... and were in process of filing out DS260. 

 

@portorusa Do you know if we can just apply for new AOS to USCIS? What happens to fees paid during NVC process and what happens to NVC process/steps?

 

Appreciate feedback from the community members.

[portorusa 431]

22 minutes ago, xoom74 said:

I am contemplating on applying for AOS too...but not sure how to do.

 

 background - wife and kid traveled to US in feb 2020, with return data of Jun - 2020 (with no intention of staying longer or doing AOS). Last week, we got email from Airline that tickets are cancelled. In addition, the are no flights to home country and the airports are not expected to open until mid-to-late Jun 2020. We had already started NVC process and had paid the 1V fees... and were in process of filing out DS260. 

 

@portorusa Do you know if we can just apply for new AOS to USCIS? What happens to fees paid during NVC process and what happens to NVC process/steps?

 

Appreciate feedback from the community members.

Yes, you can abandon the Consular Processing and apply to AOS from the United States. Your NVC fees will not be reimbursed.

[xoom74 2]

2 hours ago, portorusa said:

Yes, you can abandon the Consular Processing and apply to AOS from the United States. Your NVC fees will not be reimbursed.

Thanks for the reply. About fees

[ajn86 0]

We’d already had our I-130 approved at the London embassy, does anyone know if submitting that notice of acceptance with I-485 etc would be enough?

[portorusa 431]

3 hours ago, ajn86 said:

We’d already had our I-130 approved at the London embassy, does anyone know if submitting that notice of acceptance with I-485 etc would be enough?

Enough for what? You still need to submit other forms like I-944 and I-864, for example.

[ajn86 0]

On 5/17/2020 at 4:58 PM, portorusa said:

Enough for what? You still need to submit other forms like I-944 and I-864, for example.

That’s, I know what forms are required. Just wondering if I-130 acceptance note from consular processing would be sufficient or if anything else required to change track from consular to adjustment of status.

[portorusa 431]

23 minutes ago, ajn86 said:

That’s, I know what forms are required. Just wondering if I-130 acceptance note from consular processing would be sufficient or if anything else required to change track from consular to adjustment of status.

Nothing else is required. Are you abandoning or withdrawing your immigrant visa? There is a question in I-485 if you applied for an immigrant visa abroad and if yes, what the result was, what did you answer? 

[ajn86 0]

Needing some advice from someone who has been though a similar situation.

 

We have an approved I-130 petition from the US Embassy in London, we didn’t file any of the other paperwork. We now want to change track and apply for adjustment of status (aware of the forms required) I just need to know if my I-130 will be accepted as part of the adjustment status process or will we need to file a new I-130 petition?

 

Thanks

[geowrian 22,336]

58 minutes ago, ajn86 said:

Needing some advice from someone who has been though a similar situation.

 

We have an approved I-130 petition from the US Embassy in London, we didn’t file any of the other paperwork. We now want to change track and apply for adjustment of status (aware of the forms required) I just need to know if my I-130 will be accepted as part of the adjustment status process or will we need to file a new I-130 petition?

The existing I-130 can be used. Attach a copy of the NOA with the I-485 packet.

[ajn86 0]

Just now, geowrian said:

The existing I-130 can be used. Attach a copy of the NOA with the I-485 packet.

Thank you for answering. 

 

The NOA is from the embassy so is a form I-171, and my case number is an LND number. Will this still be sufficient to send with i-485 package? 

[geowrian 22,336]

17 minutes ago, ajn86 said:

The NOA is from the embassy so is a form I-171, and my case number is an LND number. Will this still be sufficient to send with i-485 package? 

I'm not familiar enough with DCF petitions to answer that, sorry. The LND piece sounds like the visa/CEAC case number. You need the I-130 receipt number. But since this was DCF, it's possible they prefixed I-130 receipt numbers that way too...I don't know. Just confirm it's the I-130 notice as that's what they will need with the I-485 packet.