Corona virus

[cavery123 2]

We’re currently in LA because of the quarantine. We’ve applied for the I-130. And are going to apply for the Cr1 when back in the UK. Anyways, my wife’s ESTA expires the 20th if this month. We don’t want to go back until all this is over because we have a baby. What happens if we overstay at this time? Is there anything we can do to make sure we’re ok to stay at this time. 

[NancyNguyen 1,658]

Apple i-485 with copy of the i-130 receipt, she doesn’t have to leave now. Good luck.

[payxibka 10,048]

If you opt for the i485,  make sure you completely understand the process 

[Ryan H 3,903]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[Boiler 47,548]

Stay and adjust.

[retheem 568]

21 hours ago, cavery123 said:

We’re currently in LA because of the quarantine. We’ve applied for the I-130. And are going to apply for the Cr1 when back in the UK. Anyways, my wife’s ESTA expires the 20th if this month. We don’t want to go back until all this is over because we have a baby. What happens if we overstay at this time? Is there anything we can do to make sure we’re ok to stay at this time. 

Submit I-130 and I-485 for petition and adjustment of status and make sure you apply for EAD and Advance Parole. Problem solved.

[geowrian 22,339]

You can contact USCIS to request an extra 30 day grace period to leave the US. No guarantee they will do so, but it is possible for VWP travelers to do once.

If she overstays, her VWP days are permanently over and she would need a visa to return, even as a visitor.

If she overstays by 180+ days, she will have a ban upon exit from the US.

 

Staying and adjusting is an option as well. It probably makes the most sense here, but as noted above, make sure you understand the process. Nobody knows your full circumstances except you, so only you can know what is best. Just research and ask questions so you know the pros/cons with any path you choose.

[cavery123 2]

Ok so we were just advised by a lawyer to file for an extension ASAP. My plan is prove we have every intention of going back. As to stay and apply for the adjustment of status is a gamble, if they prove we came with intention to stay, which we haven’t, that could really hold us up. Thoughts?? 
 

[payxibka 10,048]

4 minutes ago, cavery123 said:

Ok so we were just advised by a lawyer to file for an extension ASAP. My plan is prove we have every intention of going back. As to stay and apply for the adjustment of status is a gamble, if they prove we came with intention to stay, which we haven’t, that could really hold us up. Thoughts?? 
 

Dependant on the questions asked at the border. If nothing was asked, then there is nothing they can prove.

[Boiler 47,548]

People are allowed to change their minds.

[cavery123 2]

On 4/10/2020 at 4:44 PM, cavery123 said:

We’re currently in LA because of the quarantine. We’ve applied for the I-130. And are going to apply for the Cr1 when back in the UK. Anyways, my wife’s ESTA expires the 20th if this month. We don’t want to go back until all this is over because we have a baby. What happens if we overstay at this time? Is there anything we can do to make sure we’re ok to stay at this time. 

 

OK, so we've just found out our I-130 is approved and we've been sent over to the NVC with a login and link. Do we still move forward with the CR-1, or just try to stay and adjust? also, how do you stay and adjust? The forms are almost identical to the CR-1.. Do I file on the site? is it a new process? should I involve a lawyer from this point? I just really want to do this properly

[Boiler 47,548]

Well I would start by reading the guides inthis very forum, only you can decide if you want to adjust or go back for the CR1, I would imagine most people would stay and adjust but that is a personal call.