AOS while on ESTA?

[portorusa 431]

My husband is in the US visiting me on ESTA ( 90 day stamp ends on May 9). After a long Administrative processing his CR1 is almost ready. The Embassy asks for husband’s passport. We received an email from the Embassy:

——————————————

Please be advised that if your husband overstays his ESTA while in the United States, he may become ineligible to return to the United States on a permanent basis.  Additionally, the limit of the visa's validity is the expiration date on the medical exam.  If the medical exam expires he will be required to have a new one.  All panel physicians have suspended exams until the COVID-19 has passes.

 

There are currently flights between the US and France. 

 

Sincerely, 

 

Immigrant Visas

U.S. Embassy Paris

———————————-

In other words, they tell him to come into the epicenter of pandemic with quarantine and police on every corner asking for your documents and deciding if you can or cannot move around. I am not even mentioning the danger of corona while traveling at this time.

We are contemplating of doing AOS from here. Is corona a valid reason to do it, what do you think?

[Dashinka 23,236]

4 minutes ago, portorusa said:

My husband is in the US visiting me on ESTA ( 90 day stamp ends on May 9). After a long Administrative processing his CR1 is almost ready. The Embassy asks for husband’s passport. We received an email from the Embassy:

——————————————

Please be advised that if your husband overstays his ESTA while in the United States, he may become ineligible to return to the United States on a permanent basis.  Additionally, the limit of the visa's validity is the expiration date on the medical exam.  If the medical exam expires he will be required to have a new one.  All panel physicians have suspended exams until the COVID-19 has passes.

 

There are currently flights between the US and France. 

 

Sincerely, 

 

Immigrant Visas

U.S. Embassy Paris

———————————-

In other words, they tell him to come into the epicenter of pandemic with quarantine and police on every corner asking for your documents and deciding if you can or cannot move around. I am not even mentioning the danger of corona while traveling at this time.

We are contemplating of doing AOS from here. Is corona a valid reason to do it, what do you think?

You don’t really need a valid reason to AOS in the US.  If he is here, and you wish to take the AOS route you can file the I485.

 

Good Luck!

[geowrian 22,335]

He is eligible to apply for AOS.

 

That said:

1) The US is now the epicenter of the pandemic.

2) What did you expect them to tell him? The only option for him to get the visa he applied for is to give them his passport there. They cannot advise that he overstay in any way, and an extension of status is not possible with the VWP.

3) It will likely be several months, if not more, before he can travel abroad (and return) or work. Whereas having the immigrant visa will let him work and travel right away. It also means the timeline to become a USC is shorter...most USCIS field offices were taking close to a year or longer, and they are very likely going to take even longer with the swarm of new people applying over the past few weeks.

[angelbrown 195]

Not to mention it doesn’t make sense to pay for AOS when your husband has apparently been approved for a visa that’s already paid for and with far greater benefits. AOS would be like starting over when you’re already at the finish line. 

Edited March 29, 2020 by angelbrown

[SalishSea 16,769]

OP, I seem to remember that all of this came up as you were preparing to bring him over on ESTA just as his IV was about to be issued, right?

[geowrian 22,335]

Well, cost-wise it's mostly a bust. The $1225 in AOS fees versus that of the flight (they already have a return ticket since that's required for the VWP) would mostly be a wash. Maybe a little cheaper flight given the circumstances, but not by a significant amount IMHO.

 

Edit: Then again, the loss of income - assuming he plans to work - by doing AOS would overwhelmingly be in favor of getting the visa.

Edited March 29, 2020 by geowrian

[SalishSea 16,769]

2 minutes ago, geowrian said:

Well, cost-wise it's mostly a bust. The $1225 in AOS fees versus that of the flight (they already have a return ticket since that's required for the VWP) would mostly be a wash. Maybe a little cheaper flight given the circumstances, but not by a significant amount IMHO.

The big difference would be the wait time for the EAD/AP.  Pre-covid it was taking 5.5 - 7.5 months.  I'm sure it is much longer now due to a reduction in force.

[geowrian 22,335]

1 minute ago, Jorgedig said:

The big difference would be the wait time for the EAD/AP.  Pre-covid it was taking 5.5 - 7.5 months.  I'm sure it is much longer now due to a reduction in force.

Yup. I actually edited the comment you quoted just prior to your post.

[Marieke H 2,301]

56 minutes ago, portorusa said:

We are contemplating of doing AOS from here. Is corona a valid reason to do it, what do you think?

Nowhere in the AOS application will you be asked for a reason to apply for AOS. So yes, you can do AOS, if you are both okay with paying the $1225, and him not being able to work or travel for at least 6 months (who knows how long EAD and AP will now take...).

[Boiler 43,429]

I thought he needed to go back to Portugal?

[geowrian 22,335]

22 minutes ago, Marieke H said:

Nowhere in the AOS application will you be asked for a reason to apply for AOS.

Well, not with regard to preconceived intent. The application certainly does ask on what basis/reason you are eligible for applying.

[portorusa 431]

The AOS price is irrelevant to us, we can pay it. The long wait till he can work, yes, this does bother him a lot (not me though as I make enough to support us).

What bothers me is the need to travel during corona. The situation changes very quickly, and only for worse. I am afraid that even if he gets his CR1 visa while there he cannot return to US on time because there are no flights or the borders are shut off for the global quarantine.

 

[portorusa 431]

1 hour ago, Boiler said:

I thought he needed to go back to Portugal?

He has his Portuguese passport with him which is valid. We thought to mail his French passport out to Paris Embassy for CR1 visa and when the visa is ready to ask Embassy to send his French passport to Portugal (husband's family lives there) so husband could fly out (using his Portuguese passport) to Portugal to pick the French passport up. A complicated scheme, I know.

 

But looks like Paris Embassy will have none of this. 

[portorusa 431]

2 hours ago, Jorgedig said:

OP, I seem to remember that all of this came up as you were preparing to bring him over on ESTA just as his IV was about to be issued, right?

At that time he was in AP, the Embassy ignored our emails, and there was no light at the end of the tunnel.

Husband came on ESTA before the corona - to visit, not to stay. His return flight was cancelled by Norwegian airlines, we have a proof. By then the corona kicked in.

Actually we are glad to be together during hard times like this.

[Boiler 43,429]

26 minutes ago, portorusa said:

The AOS price is irrelevant to us, we can pay it. The long wait till he can work, yes, this does bother him a lot (not me though as I make enough to support us).

What bothers me is the need to travel during corona. The situation changes very quickly, and only for worse. I am afraid that even if he gets his CR1 visa while there he cannot return to US on time because there are no flights or the borders are shut off for the global quarantine.

 

Well hopefully by the time he would get AP the worst of the corona would be over.