portorusa

Yes, quite a number of applicants are in the same situation. It's hard to explain why some got their NOAs quickly, some after a reasonable time of waiting, and some reaching a 3-4 weeks mark, and go crazy worrying.

No, it will not. When it comes to SSA, they will quickly discover that you already have a SSN and won’t issue a new one but it will not affect your Work Authorization application .

Wow, that’s a little bit too strong, Andrew from England:) Have you actually being in this young husband’s shoes? Did you see things from his perspective? 
International marriages are not for sissies, that’s for sure. Even when the same language is shared and two relatively close western cultures come together. 
Though I do not excuse his personal shortcomings, for some reason I feel sorrier for him, the new immigrant. At least OP didn’t have to change her life so drastically. If the tables were turned, how’d she feel? Moreover, she is a strong personality and comes along as a bossy, controlling, no-nonsense, label-everything woman. I may be wrong, it’s only my opinion but I see this marriage as a hasty mistake of two mismatch personalities and I don’t think it will survive  the problems...which are too deep. Again, I want to be mistaken. 

Nothing is wrong with wanting to fix the marriage. We don’t know all the details of this couple’s relationship. There may still be feelings for each other. 
And even if there is a divorce, she will not have to go home, IMHO. 

Wow, that’s a little bit too strong, Andrew from England:) Have you actually being in this young husband’s shoes? Did you see things from his perspective? 
International marriages are not for sissies, that’s for sure. Even when the same language is shared and two relatively close western cultures come together. 
Though I do not excuse his personal shortcomings, for some reason I feel sorrier for him, the new immigrant. At least OP didn’t have to change her life so drastically. If the tables were turned, how’d she feel? Moreover, she is a strong personality and comes along as a bossy, controlling, no-nonsense, label-everything woman. I may be wrong, it’s only my opinion but I see this marriage as a hasty mistake of two mismatch personalities and I don’t think it will survive  the problems...which are too deep. Again, I want to be mistaken. 

HUmm..Interesting idea to suggest to my French husband. He just completed his first 3 months of life in the US.

We filed 2018 and 2019 taxes MFJ. It’s not my husband’s fault that he has no SSN. We took CR-1 visa route, lost 16 months , then had to switch from ESTA to AOS for the reason of pandemic. Now the waiting game started again...hopefully the USCIS won’t screw us the way the Paris Embassy did, and by the next tax filing season my husband has his SSN. 

Yes, this is true. This is exactly our case. I, as American citizen and a taxpayer legally married to my immigrant husband with whom I filed my taxes jointly, feel "punished" for the fact that my legal spouse does not have a SSN but only an ITIN.
I wish I could join this lawsuit mentioned in the article. Thank you for providing the link!

Yes, this is true. This is exactly our case. I, as American citizen and a taxpayer legally married to my immigrant husband with whom I filed my taxes jointly, feel "punished" for the fact that my legal spouse does not have a SSN but only an ITIN.
I wish I could join this lawsuit mentioned in the article. Thank you for providing the link!

Yes, this is true. This is exactly our case. I, as American citizen and a taxpayer legally married to my immigrant husband with whom I filed my taxes jointly, feel "punished" for the fact that my legal spouse does not have a SSN but only an ITIN.
I wish I could join this lawsuit mentioned in the article. Thank you for providing the link!

HUmm..Interesting idea to suggest to my French husband. He just completed his first 3 months of life in the US.

i beleive it looks like this
 

Rejected again! Second time. First time was for using the old version of the i-485 which had an expiration date on the form in 2021. My fault for not keeping up with changes (not checking VJ) while I was getting the money for the fees together. This time I was rejected apparently for not including an i-864 for both the K-1 and K-2 i-485s. I mistakenly believed that the one form was good for both since both my wife and child are on the one i-864. I'll just fill out another one and attach the same proof and send the packet back with the form attached. I guess I understand it because they need a signed form for both applications. Really upset this morning when I checked the mail, but all I can do is send it back ASAP and wait again. I hope no one else makes the same mistake.

Hey guys,
Late to respond but I wanted to say thank you to everyone who posted, even to the people knocking on using AOS in our situation🙄 We are going to go ahead and get married in Hawaii and come back home and file for an AOS
Can't wait to get the ball rolling on this and looking forward to using all the amazing resources on this site!

If we’re going to be pedantic then it must be said that there are plenty of exceptions that allow you to work or do employment related things on B visas; in particular the B-1 visa. If they got a combo visa (that states both options) or got admitted on the VWP as WB for that matter, then it remains the question if it’s legal or not. There are poorly classifiable exceptions like performing professional services in the US for a non US employer. Additionally it should be said that even though it shouldn’t be encouraged to work while not authorised since it’s still illegal, inadmissibility based on unauthorised work is waived for USC spouses, meaning that yes one shouldn’t work illegally but in a situation like this it shouldn’t case worry and it is advised to cease doing remote work. 
This would be literally throwing away money. USCIS will most likely not even wonder or ask about her state of mind while crossing the border, much less accuse her of anything close to that. USCIS is well aware that current precedent is that intent is determined at the border. The fact that she was let in means that her intent was not to immigrate. 
Honestly, it’s just crab mentality and typically it devolves into petty and pathetic levels.
 
First it is claimed that AOS isn’t possible or legal, then when someone comes along to point out that isn’t the case then they try to point out how impractical it is, often times not realising how insignificant most of it sounds vs. being away from your loved ones. Cue over exaggerating EAD processing times (e.g. average processing time is 4 months? Let’s just say 6-7 months) and statements like ‘I couldn’t imagine not working for 4 months, it would be career suicide’ as if to place oneself above the other in a moral sense.
And if all of that fails then we can always go with plainly getting petty which manifests by either giving the OP the third degree e.g. ‘No immigrant intent? If that’s so then how do you explain X, Y, Z?’ acting out the fantasy of being the IO during the interview, asking the questions they claim will be asked even though we, here on VJ, have yet to hear of a case in which the IO was even in the slightest concerned about intent when crossing the border or by making up arbitrary ‘tells’ like bringing your laptop with you. 
 
If all else fails and you are confronted about this, use emergency escape hatch by passive aggressively stating that you don’t care about some random person on the internet or by saying that you’ll sleep soundly knowing you did it the legal way and find a new AOS’er to start from the top. 
 
 
To prove you’re point you post a link to a blogpost that describes in length the ‘30-60-90 day rule’, something that has been debunked on VJ ad nauseam by now. As for the list of cases the author quotes a lot of them are irrelevant, outdated, or otherwise not indicative of USCIS’s adjudication practices. 
 
If you frequent VJ it might also be known to you that for reasons beyond my comprehension, a lot of immigration attorneys are not very knowledgable in their field of expertise. 
 
What makes me chuckle is that you say ‘My attorney went nuts’ and immediately after that you say ‘It didn’t come up during the interview[…]’ and do so without realising the incongruity between the two events. 
 
That’s not to say that I’d advise people to leave the country sans AP while awaiting AOS but that’s for different reasons. Fact of the matter is anyone can try to be admitted into the country with the intent to marry an USC and adjust their status. Once they are allowed in there is practically nothing stopping them. The CBP officer determines your intent and that is a legal necessity since as of yet we cannot read minds. The only exception is if you make it blatantly clear you had different intentions, say… an instagram post with your ‘Good luck in America party’ and to drive home the point for good measure add some screenshots in your AOS packet perhaps. And even then I wonder if the IO wouldn’t just rather find a different reason to deny to prevent all the ‘ifs’ and ‘buts’ that are tied to intent. 
 
To be clear (and comply with VJ ToS) this is not legal. The issue is however that it pertains to thoughts in one’s mind so it’s very hard to prove and a lot of people will try to be admitted to adjust their status. I can’t blame them (this is opinion, doesn’t change legality) if I’m honest. 
 
Being with your spouse, middle of the road in terms of fees, interview and adjudication by USCIS and ‘doable processing time’ vs. being away from your spouse, potentially most expensive costs-wise, final decision by consular officer who seem biased to deny in certain places, some of the longest processing times. When looked at it from that perspective, I can see why people might be inclined to choose the former.
 
I’m grateful the AOS process was available in our situation due to how things developed, but I sympathise with the ones that didn’t happen to find themselves in my situation.  

We have a similar experience. Mailed our AOS package on 4/24, it was received and signed for on 4/28. Since then not a peep. I contacted USCIS through chat, they said they don't see our cases in the system. They told us to wait for 2 more weeks, then contact USCIS again (total 30 days after the receipt date is required).

We mailed 4/24 by registered first-class all the forms you mentioned, they were received by Chicago lockbox on 4/28. Since then the check has NOT been cashed, and no NOAs. Just dead silence from USCIS.

Thanks to everyone who answered! That’s right, we are not leaving the US. We live near the border, and there are checkpoints everywhere. Yes, looks like my husband has to be confined pretty much to staying put in the city until NOA is received. People who filed later than us, already got their NOAs. I have a feeling that our package going to be returned for some reason. Oh well.. 

I think it depends on each case. The more complex the case seems, the longer the silence from USCIS is. IMHO.

Why don’t you stay with your husband and do AOS? Forget about consular Processing. We did it, my French husband and I. He is on ESTA which expires on May 10. His CR1 in Paris is almost ready. We decided to abandon Consular Processing. Why to risk your health, or the health of others. And with current situation with the latest EO of Trump, and U.S. Consulates abroad closed, you may be stuck for an indefinite period separated from your husband.
P.S. And yes, you can get an extension for ESTA now, due to COVID 19 they do it over the phone. Until July. Just call USCIS and ask.

Package was mailed off on the 24th. Delivered to USCIS  in Chicago on 28th at 9;30am.
 

The guy married three wives, two of which (including current) are foreign-born immigrants.

The guy married three wives, two of which (including current) are foreign-born immigrants.

The guy married three wives, two of which (including current) are foreign-born immigrants.

The guy married three wives, two of which (including current) are foreign-born immigrants.