GKB

Just now, payxibka said:

Slow down and relax.   Wait for the i485 receipt.  You have done everything you can at this moment. 

Thank you for the reply, I really appreciate it.   It's been such a nightmare and I'm so worried about him being deported.  I've never broken the law in my life lol, I haven't even gotten a speeding ticket.  Go figure a pandemic would happen right towards the end of this process.

Hi Everyone,

I was wondering if anyone had experience with filing an I-485 Adjustment of Status close to when their ESTA was about to expire? 

My husband and I have been working on the CR1 process since last year and we were almost at the end (NVC approved case on March 12th and his embassy interview was scheduled for April 17th) until this whole coronavirus thing exploded.  My husband came into the US via his ESTA on January 4th and was scheduled to leave on March 28th but around the middle of March we started becoming concerned due to the virus.  I was keeping track of flights and noticed all the flights going to Manchester were being cancelled but when I contacted the airline they couldn't give me any information.  I reached out to the NVC on March 19th and they told me to contact USCIS.  The agent at USCIS told me I would be able to file the I-485 and my husband wouldn't be in violation of overstay (even after the 90 day point).  Our I-130 was approved last year so I gathered all the paperwork and sent to USCIS the next day (it was delivered on March 25th).

However.. CBP emailed him on March 23rd letting him know his admission would be ending in 10 days and he needed to leave or else he would be in violation of his ESTA.  I emailed them and explained the situation and they said he would have to apply for Satisfactory Departure.  I called USCIS again, was forwarded to a level two officer, and he wasn't able to give me any information about the I-485 but said we should comply with the CBP and request satisfactory departure.  We're now waiting on a call back from USCIS to schedule an emergency appointment (they said they would get back to us in 24-48 hours so we should receive a call back by the end of the day). 

I am just extremely worried about this entire thing.  We basically only have until Monday/Tuesday to get the Satisfactory Departure and I don't want him to be in violation of his ESTA or have to face deportation.  I've been reading a lot about filing an I-485 while on ESTA online and I found this USCIS memorandum (https://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf) which seems to be in our favor, but the basis of removal seems iffy to me.  Yes, USCIS received our I-485 on March 25th, but that doesn't mean it's considered filed yet - right? 

We never had the intention of adjusting status when he came in which I feel is clear between our past visits (he's always left before 90 days and remained out of the country for several months before returning) AND the fact that we were almost finished with the CR1 (why would we apply for AOS if we already paid all of the NVC fees and submitted that paperwork)?  The only reason we're doing this is because of a pandemic that we didn't really expect to happen.  Will they be in our favor or not care?

If anyone has any experience in this I would really appreciate it!

Thank you!

Hello Everyone!

I have a somewhat stupid question regarding USCIS processing times.  My husband and I filed in February 2019 (I-130) and our paperwork was sent to the Texas service center.  I know their website isn't 100% accurate, but I like to check from time to time and see where they're at.  I don't know how I didn't notice it sooner, but I realized the "form type" had different notations (permanent resident, U.S. citizen).  I then noticed the permanent resident time range was a lot shorter than the U.S. citizen time range.  Also, the permanent resident only mentions "for a spouse or child" whereas the U.S. citizen mentions "spouse, parent, or child".

Which category would I be under?  Originally I assumed (probably incorrectly?) that I fell under the first category, but I am a U.S. citizen so I'm not 100% sure.

Also, I apologize if this has been asked previously.  I tried to search through the forums but I wasn't able to find anything.

Thank you in advance! : )