Adjusting Status for Spouse with approved I-130

[Khatuba 0]

Hello everyone,

 

My spouse and I applied for consular processing through Montreal and were DQ’d in January. We are most likely 3 months away from an IL. Unfortunately he is a citizen of a country that could be listed in a possible travel ban and has a higher risk of administrative processing through Montreal. He is currently visiting and we are considering adjusting status instead to prevent any possibility of him being stuck outside the country. There was no intent to adjust when he entered.
 

We have consulted many lawyers, all who have had conflicting opinions but most seam to lean towards AOS. I’d love to hear anyone’s thoughts on switching to AOS relatively late in the game, and on the 90 day rule, as my husband’s status ends before 90 days. 

Edited April 7 by Khatuba
More info

[nastra30 2,492]

12 minutes ago, Khatuba said:

Hello everyone,

 

My spouse and I applied for consular processing through Montreal and were DQ’d in January. We are most likely 3 months away from an IL. Unfortunately he is a citizen of a country that could be listed in a possible travel ban and has a higher risk of administrative processing through Montreal. He is currently visiting and we are considering adjusting status instead to prevent any possibility of him being stuck outside the country. There was no intent to adjust when he entered.
 

We have consulted many lawyers, all who have had conflicting opinions but most seam to lean towards AOS. I’d love to hear anyone’s thoughts on switching to AOS relatively late in the game, and on the 90 day rule, as my husband’s status ends before 90 days. 

What's the petitioner's citizenship status?

[Khatuba 0]

11 minutes ago, nastra30 said:

What's the petitioner's citizenship status?

I’m a US citizen! 

[nastra30 2,492]

Just now, Khatuba said:

I’m a US citizen! 

Adjust away. Good luck.

[Crazy Cat 43,460]

***Duplicate thread removed.  Please do not post the same topic multiple times***

[Crazy Cat 43,460]

1 hour ago, Khatuba said:

and on the 90 day rule, as my husband’s status ends before 90 days. 

There is no 90 day rule for USCIS.  There is no reason to wait.  Either file a proper I-485 asap or leave and wait out the consular processing.  I would not, under ANY circumstances, let my status expire.

The issue you could have with AOS is if he made specific statements (that he would not adjust status) when he entered the country as a visitor.  

[Edward and Jaycel 1,321]

9 hours ago, Crazy Cat said:

if he made specific statements (that he would not adjust status) when he entered the country as a visitor.  

 

This would be a huge problem if it were the case. Especially now as USCIS, under their extreme vetting policy, are looking at the intent and declarations of AOS applicants when they arrived on nonimmigrant visas or ESTA programs.

[SalishSea 18,411]

14 hours ago, Khatuba said:

Hello everyone,

 

My spouse and I applied for consular processing through Montreal and were DQ’d in January. We are most likely 3 months away from an IL. Unfortunately he is a citizen of a country that could be listed in a possible travel ban and has a higher risk of administrative processing through Montreal. He is currently visiting and we are considering adjusting status instead to prevent any possibility of him being stuck outside the country. There was no intent to adjust when he entered.
 

We have consulted many lawyers, all who have had conflicting opinions but most seam to lean towards AOS. I’d love to hear anyone’s thoughts on switching to AOS relatively late in the game, and on the 90 day rule, as my husband’s status ends before 90 days. 

Be aware that the vetting he would experience (in the form of AP in Montreal) based on his citizenship will not be eliminated by adjusting status.  He will face the same scrutiny, possibly more due to adjusting.