Married to PR --> Follow to Join Denial --> Appeal--> What to do?

[ToluD 2]

Hi Everyone ,

 

Looking for some advice ...

 

History :

- Married my Husband in March 2020, He got his GC approved in April 2020 through work sponsorship, so we applied for me to follow to join his application in May 2020.

- We got denied in Oct 2020; the reason USCIS provided was that he went through the AOS route and my application would be through consular processing. Our lawyers appealed in Nov 2020 and we are still waiting on a decision as at May 2021. 

 

Currently: 

- I am with him in the US on a B2 visa from Canada and I have 3 months left on it. We will be welcoming our first child in a few days.

 

My question is what advice would you give us if our appeal is denied. Should we apply for the I-130 via AOS, concurrently filling for Advanced Parole and Work authorization ; If we do that will the advanced Parole come before my B2 visa expires??

 

or

 

Should we apply for I-130 via consular processing and I go back to Canada and wait out the approval of my application. Due to the times on the website, the processing times don't seem so bad?

 

Any thoughts or feedback would be greatly appreciated

 

[SusieQQQ 11,585]

When you say UScIS denied your FTJ, do you mean they denied your i824 application? It feels like some part of this story is missing. It is very common to FTJ CP to someone who has done AOS, that’s not a reason for denial. 
 

Hard to give advice on what to do when you already have an appeal in the system however one thing that can be said for almost certain is that you will not have advance parole before your B2 expires if you do the AOS route. These (and EADs) have commonly been taking 8 months or so recently. If you need to work or travel out the US in that timeframe, then AOS is not the appropriate route for you.

[ToluD 2]

Thanks a lot for your response ;  There is nothing else I can add to the story about my husbands application for FTJ ; It was a very straight forward application which his lawyers put together. After the denial they filed our appeal to the USCIS under "Erroneous denial" ; Honestly seems like an error on their part but it still makes me very nervous which is why I'm asking for what other routes to take.

 

To your second point , then it seems like filing for I-130 via consular processing is our only option. 

 

 

[Pinkrlion 2,611]

Did you file I-824 for follow to join?