Consular Processing to AOS

[Michel42 1]

Im currently in F2A with PD early 2022. My wife has been visiting me on ESTA since last week and is here for another 2 months. Our I-130 got approved 3 days ago. Lawyers are saying we can use this opportunity to now do AOS as she entered lawfully and genuinely didn't have a dual intent when she arrived. She already had a return ticket when she crossed the border and we literarily had no idea the I-130 would be approve.

 

Is that risky to do or does it feel safe enough given the circumstances? If too risky we will continue with consular processing but that would allow us to be together while we wait. And hopefully have an EAD and AP quite quickly?

 

Thanks to share any knowledgable you might have of similar cases!

 

[Crazy Cat 39,267]

What country? 

[Michel42 1]

France. Does it make a difference?

Edited February 2 by Michel42

[Crazy Cat 39,267]

1 minute ago, Michel42 said:

France

I assume you know that Adjustment of Status will mean no work and no leaving the US for at least 3 to 8 months.  It will also mean no green card for some time...maybe a year. 

[Michel42 1]

Yes. The lawyers were actually a bit more pessimistic in terms of delay. They say 6 to 8 months for EAD, 12 to 18 months for AP. 

 

> It will also mean no green card for some time...maybe a year

 

Yes, but the laternative is t wait in consular processing. Which also means no green card for some time. In both cases we are dependent of the VB becoming current.

[Crazy Cat 39,267]

3 minutes ago, Michel42 said:

Yes, but the laternative is t wait in consular processing. Which also means no green card for some time. In both cases we are dependent of the VB becoming current.

You're right.....  

[OldUser 4,818]

1 hour ago, Michel42 said:

 And hopefully have an EAD and AP quite quickly?

This can take anywhere between a month to over a year. On average, 6-9 months.

[powerpuff 5,906]

To confirm: are you a green card holder? This is really important when it comes to adjusting on VWP/ESTA

[Michel42 1]

Yes, I am an LPR (F2A category)

[powerpuff 5,906]

Spouses of Green card holders are barred from adjusting status on VWP/ESTA:

 

 https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7: "A noncitizen admitted as a nonimmigrant without a visa under a Visa Waiver Program is barred from adjustment of status …These bars do not apply, however, to those seeking to adjust status as an immediate relative of a U.S. citizen or VAWA-based applicants."

 

Consular processing is your only option at the moment.

[OldUser 4,818]

3 minutes ago, powerpuff said:

 

Spouses of Green card holders are barred from adjusting status on VWP/ESTA:

 

 https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7: "A noncitizen admitted as a nonimmigrant without a visa under a Visa Waiver Program is barred from adjustment of status …These bars do not apply, however, to those seeking to adjust status as an immediate relative of a U.S. citizen or VAWA-based applicants."

 

Consular processing is your only option at the moment.

Great catch

[Michel42 1]

Yeah, that's what I thought. I need to loop my lawyers in again, they shouldn't miss something like that 😬

[JKLSemicolon 327]

9 hours ago, Michel42 said:

Yeah, that's what I thought. I need to loop my lawyers in again, they shouldn't miss something like that 😬

A mistake like that from your lawyers could have potentially had huge negative consequences for you. Might be time to start looking for someone more competent (if you think you need a lawyer at all).

[Crazy Cat 39,267]

9 hours ago, powerpuff said:

 

Spouses of Green card holders are barred from adjusting status on VWP/ESTA:

 

 https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7: "A noncitizen admitted as a nonimmigrant without a visa under a Visa Waiver Program is barred from adjustment of status …These bars do not apply, however, to those seeking to adjust status as an immediate relative of a U.S. citizen or VAWA-based applicants."

 

Consular processing is your only option at the moment.

Good catch, @powerpuff

[Cw1977 42]

10 hours ago, Michel42 said:

Yeah, that's what I thought. I need to loop my lawyers in again, they shouldn't miss something like that 😬

think you should just pay @powerpuff your lawyer fee instead