littlekiwi

_{What is your official status while awaiting AoS interview? Visitor? Trying to work out whether I can get health insurance on the marketplace while awaiting the interview as we are expecting a baby.}

Hi,

We are currently considering applying for an AoS rather than me returning to NZ to await consular processing. Is it correct that the interview wait time in Dallas is currently 10 months? A lawyer I just spoke to seemed to think that I would be an overstayer during this ten month wait for interview, even if I apply for AoS within the 90 days of my VWP and therefore could risk deportation. However, what I have read seems to say that I would be legally in the US since I would have an adjustment of status in progress.

My husband's family live in Ohio, where the reported processing time for I-485 is only four months, can we do processing through that field office instead?

Thanks

Hi,

Here is our long story.

My husband (US Citizen by birth) and I (NZ Citizen) married in Aug 2013 while he was living in NZ. January 2014 we decided that we should return to the US for my husband to do his masters degree. We sent in an I-130 which was received January 30.

My husband started study in late July and so I travelled with him to the US in mid-July on the VWP, first to visit his parents and then to get him settled in/buy furniture for the house etc. My plan was to return to NZ in October (within 90 days) to await an interview via consular processing. At POE, the only question I asked was when I was leaving, to which I gave my return ticket date (I had ticked holiday on my entry form).

Just before coming the US, we found out that I was pregnant. This was not a problem and I was still planning to return to await processing and then come to the US once my conditional green card was approved. However, the I-130 was just approved on July 27 and is in transit to NVC. When i phoned today, NVC said to expect five weeks before it is even received, and we have read that currently there is a back-log and so each stage of processing has been extended to 60 days, possibly meaning it will be up to 7 months before it even gets back to NZ for the consular interview. This would mean I would have to stay in NZ until after the baby was born (since even if it was approved prior I wouldn't be allowed to travel being 8 months pregnant), which would also mean that my husband would probably quit his masters program so that he could be with me to support me.

We were advised today informally by an immigration lawyer that we should apply for adjustment of status since I am already here in the US. I know that technically this is possible but we did not want to do it in case they thought our intent was always this, thus committing visa fraud. We left half our belongings in NZ, I had a part time job I was due to start in October while awaiting visa processing and we still have money in a NZ bank account (although we had sold our house and had bought a new house in Texas just before moving here).

Please give me your wisdom - what are the chances of being deported/being accused of fraud and not being allowed back in teh country? Obviously we would like my husband to complete his masters degree and also would like to be able to visit family here in the future so would not want to do anything that could jeopardize future travel, however if the AOS was highly likely to be approved this would be great as would mean we could have baby here without the stress of being separated etc.

Does anyone know what the local Texas rulings are for AOS? I have heard that it can vary depending where your interview is.

Thank you in advance for any advice and wisdom! (and sorry for the long winded post!)