AOS while on ESTA (CR1 - I130 approved)

[bel044 49]

Hi everyone,

 

Looking to get some feedback and advice.  My husband has been visiting me in the US for the past two months on an ESTA.  His flight is scheduled to leave on April 5th, but we are considering doing AOS due to the uncertainty and chaos the coronavirus has caused.  Our I-130 was approved in October.  Our petition has been at NVC since November...we're currently waiting on NVC case completion.  He truly did not have the intention to stay and has visited me several times during our CR-1 visa process and always left on time.  We've already paid about $1000 in fees, so we definitely did not want to pay more by doing AOS when we're almost at the finish line of the CR-1.  With that said, here are the reasons why we're considering AOS anyway:

 

1)  He had lung surgery 1.5 years ago.  Anyone with compromised lungs is at a greater risk of serious complications (or worse) if catching the virus.  We do not want him to take the risk of exposure by flying home.

2)  My city has issued a mandatory stay-at-home order.  

3)  If I were to get sick, he would be the only one to take care of me (my parents are 65+ years old, so also vulnerable).

 

With the US embassies being closed, there is no guarantee that he will have his interview scheduled anytime soon after case completion at NVC.  I'm curious if anyone has successfully been able to do AOS from an ESTA with a pending CR-1 visa?  I have been doing my own research and see that it is legal to do it, but I'd like to hear your advice.  It's kind of unknown territory, which makes me nervous.  I don't want to jeopardize our future by doing it, but at this point, I feel like it's the best option for our health and safety.

 

Thank you,

 B & K

Edited March 24, 2020 by bel044

[Crazy Cat 39,233]

Here is the guide.  Just be aware of the restrictions he will face (work restrictions, travel restrictions, possible driving restrictions ).  The pending CR-1 will not affect your case.

 

 

Edited March 24, 2020 by Lucky Cat

[geowrian 22,335]

Yup, no issue. Follow the guide above for the general items needed.

 

As for the particulars since you have an approved I-130 already...

Once you file the I-485 (include a copy of the I-130 approval notice) packet, USCIS is supposed to then request the I-130 from NVC before scheduling the AOS interview.

Sometimes that request takes longer than expected to happen and the IO doesn't have it for the interview, so they need to (at least) hold off a final decision until it is obtained from NVC. No issue..just more waiting.

In rare cases, USCIS may ask for an I-824. This should not be necessary...it's the role of USCIS to request it from NVC, not the petitioner's responsibility.

Edited March 24, 2020 by geowrian