Dilemma regarding AOS or Consulate process

[Andreas78 0]

Hi everyone,

 

I am a Norwegian man who has an American wife. We have been married for a year now.

I am currently with her in the US now, on my B1/B2 visa, which I entered on in March. When I arrived, the officer told me that I should have her petition for my Green card.

 

We were not planning that I would stay this long, but because of C-19 then I am still here. My I-94 expires September 20th.

 

I now have two optins:

 

1: Try to get an extension on the I-94 before it expires, and file AOS. Then I will have to file the I-131 parole document in order to travel again, since my job in Norway requires that I go for work before I will eventually get the Green card.

2: The other option is to leave, and go through the consular process, through the embassy in Stockholm.

 

I have concerns related to both options.

 

If I go with AOS, it seems that obtaining the I-131 parole document for travel is uncertain with C-19 and the process time. It says online that the office in Houston (where I am) has a process time of 4 weeks - 5 months. Not being able to leave for 5 months, would make an impact on my work back in Norway. I am also not confortable with not knowing whether my I-94 extension will be approved by last exit date. Since so many are applying now it might not be comfirmed prior to current expiration. I am also aware that filing for AOS might be frowned upon since I arrievd on B1/B2.

 

My conern about the consular option is that because of C-19, I am not really sure if they even process Green cards in Stockholm now. From reading other posts, it seems that they most likely will let me back in on B1/B2 although she has petitioned, if I document that I am still tied to Norway and will return on a return ticket. However, not knowing how long the Green card application will take is a concern. Not sure how many times they would let me enter.

 

 

Any thoughts would be highly appreciated?

 

 

[Lucky2Lucky 2,526]

20 minutes ago, Andreas78 said:

Hi everyone,

 

I am a Norwegian man who has an American wife. We have been married for a year now.

I am currently with her in the US now, on my B1/B2 visa, which I entered on in March. When I arrived, the officer told me that I should have her petition for my Green card.

 

We were not planning that I would stay this long, but because of C-19 then I am still here. My I-94 expires September 20th.

 

I now have two optins:

 

1: Try to get an extension on the I-94 before it expires, and file AOS. Then I will have to file the I-131 parole document in order to travel again, since my job in Norway requires that I go for work before I will eventually get the Green card.

2: The other option is to leave, and go through the consular process, through the embassy in Stockholm.

 

I have concerns related to both options.

 

If I go with AOS, it seems that obtaining the I-131 parole document for travel is uncertain with C-19 and the process time. It says online that the office in Houston (where I am) has a process time of 4 weeks - 5 months. Not being able to leave for 5 months, would make an impact on my work back in Norway. I am also not confortable with not knowing whether my I-94 extension will be approved by last exit date. Since so many are applying now it might not be comfirmed prior to current expiration. I am also aware that filing for AOS might be frowned upon since I arrievd on B1/B2.

 

My conern about the consular option is that because of C-19, I am not really sure if they even process Green cards in Stockholm now. From reading other posts, it seems that they most likely will let me back in on B1/B2 although she has petitioned, if I document that I am still tied to Norway and will return on a return ticket. However, not knowing how long the Green card application will take is a concern. Not sure how many times they would let me enter.

 

 

Any thoughts would be highly appreciated?

 

 

Since you are not ready to move to the US at this time I suggest you do consular processing. A few reasons why: you said you need to go back to work. If you file AOS expect it to be 6 months minimum before you can leave. If you file an extension on your tourist visa and you are denied you lose your tourist visa and chances of obtaining one in the future is slim AND depending how many days you overstayed your could have a ban. You will not have a result of your extension before your visa expires. Are there no flights to your country? Have they. It has any repatriation flights? That seems odd for a European country. AOS will not be frowned upon on a b1/b2 visa FYI- your intent when you entered wasn’t to adjust status. Plenty of people have visited on a b1b2/ESTA with a pending immigrant visa. If you overstay though (now) don’t expect to be allowed to enter without an immigration visa in the future. 
Out of curiosity was your plan to eventually move to the US on a CR1 visa and you just never got to filing it?

[Andreas78 0]

5 minutes ago, Luckycuds said:

Since you are not ready to move to the US at this time I suggest you do consular processing. A few reasons why: you said you need to go back to work. If you file AOS expect it to be 6 months minimum before you can leave. If you file an extension on your tourist visa and you are denied you lose your tourist visa and chances of obtaining one in the future is slim AND depending how many days you overstayed your could have a ban. You will not have a result of your extension before your visa expires. Are there no flights to your country? Have they. It has any repatriation flights? That seems odd for a European country. AOS will not be frowned upon on a b1/b2 visa FYI- your intent when you entered wasn’t to adjust status. Plenty of people have visited on a b1b2/ESTA with a pending immigrant visa. If you overstay though (now) don’t expect to be allowed to enter without an immigration visa in the future. 
Out of curiosity was your plan to eventually move to the US on a CR1 visa and you just never got to filing it?

Hi,

 

Thank you for your reply.

 

There are flights back to Norway, so it is not an issue with travel that prevents me from going back. I could go back when I choose to.

I had entered the US right after the C-19, and because of the stagnation in my work sector, I was able to stay here. 

We had not made any final decision to move here. That is why I have not made any decisions on this up until now. I should have doen it sooner.

I expected to leave way sooner than this, but with C-19 everything changed.

Even if we eventually decide to move to Norway, it is probably easiest for us if I get the Green card, but right now our concern is whether we go with CR1 or AOS.

 

Not knowing, if or when, I would be able to get a I-131 makes it difficult.

[igoyougoduke 1,604]

1 hour ago, Andreas78 said:

Hi everyone,

 

I am a Norwegian man who has an American wife. We have been married for a year now.

I am currently with her in the US now, on my B1/B2 visa, which I entered on in March. When I arrived, the officer told me that I should have her petition for my Green card.

 

We were not planning that I would stay this long, but because of C-19 then I am still here. My I-94 expires September 20th.

 

I now have two optins:

 

1: Try to get an extension on the I-94 before it expires, and file AOS. Then I will have to file the I-131 parole document in order to travel again, since my job in Norway requires that I go for work before I will eventually get the Green card.

2: The other option is to leave, and go through the consular process, through the embassy in Stockholm.

 

I have concerns related to both options.

 

If I go with AOS, it seems that obtaining the I-131 parole document for travel is uncertain with C-19 and the process time. It says online that the office in Houston (where I am) has a process time of 4 weeks - 5 months. Not being able to leave for 5 months, would make an impact on my work back in Norway. I am also not confortable with not knowing whether my I-94 extension will be approved by last exit date. Since so many are applying now it might not be comfirmed prior to current expiration. I am also aware that filing for AOS might be frowned upon since I arrievd on B1/B2.

 

My conern about the consular option is that because of C-19, I am not really sure if they even process Green cards in Stockholm now. From reading other posts, it seems that they most likely will let me back in on B1/B2 although she has petitioned, if I document that I am still tied to Norway and will return on a return ticket. However, not knowing how long the Green card application will take is a concern. Not sure how many times they would let me enter.

 

 

Any thoughts would be highly appreciated?

 

 

it sounds like you want the flexibility to travel to Norway. You can do CR1 and opt for consular processing . if you want to visit USA during the processing time, you can use ESTA to travel. CBP might have questions about your intentions but your job in Norway should be proof enough. once the immigrant visa is issued you can enter US on immigrant visa.  Filing AOS will force you to stay in the US until its approval. Consulates have exemption for spouse visa so you should be able to get your appointment. 

 

 

[Lucky2Lucky 2,526]

2 hours ago, Andreas78 said:

Hi,

 

Thank you for your reply.

 

There are flights back to Norway, so it is not an issue with travel that prevents me from going back. I could go back when I choose to.

I had entered the US right after the C-19, and because of the stagnation in my work sector, I was able to stay here. 

We had not made any final decision to move here. That is why I have not made any decisions on this up until now. I should have doen it sooner.

I expected to leave way sooner than this, but with C-19 everything changed.

Even if we eventually decide to move to Norway, it is probably easiest for us if I get the Green card, but right now our concern is whether we go with CR1 or AOS.

 

Not knowing, if or when, I would be able to get a I-131 makes it difficult.

Thanks for the clarification. 
When applying for an Extension I believe you need a reason and one could be your country hasn’t opened their airspace and haven’t had repatriation flights or something significant so IMO I really don’t think there would be a reason you would get an extension . 
If you still are not planning on moving to the US personally I don’t see the point of adjusting status or even applying for a CR1.. being a legal permanent resident means your residency is in the US - not abroad- and it’s not meant to be used as a glorified tourist visa. Now, I can understand if your ultimate goal is to obtain US citizenship which you could have after being a married resident for 3 years but you would need to spend the vast majority of your time in the US: however once you are a citizen you can come and go as you please.

If you apply for AOS expect it to be 6 month minimum before you get AP (which seems it may interfere with work) and if you apply for CR1 counselor processing expect approx 18 months. You can visit during this time however not if you overstay you’re b1/b2. 
There are a lot of things to honk about not only for today but how you see your future for the next 2-4 years. Good luck.

[Andreas78 0]

2 hours ago, Luckycuds said:

Thanks for the clarification. 
When applying for an Extension I believe you need a reason and one could be your country hasn’t opened their airspace and haven’t had repatriation flights or something significant so IMO I really don’t think there would be a reason you would get an extension . 
If you still are not planning on moving to the US personally I don’t see the point of adjusting status or even applying for a CR1.. being a legal permanent resident means your residency is in the US - not abroad- and it’s not meant to be used as a glorified tourist visa. Now, I can understand if your ultimate goal is to obtain US citizenship which you could have after being a married resident for 3 years but you would need to spend the vast majority of your time in the US: however once you are a citizen you can come and go as you please.

If you apply for AOS expect it to be 6 month minimum before you get AP (which seems it may interfere with work) and if you apply for CR1 counselor processing expect approx 18 months. You can visit during this time however not if you overstay you’re b1/b2. 
There are a lot of things to honk about not only for today but how you see your future for the next 2-4 years. Good luck.

Thank you