cmb88

Hi everyone,
 
Looking for some inputs on our situation.
 
We have an approved I-130 petition under consular processing. We are documentarily qualified at the NVC and are waiting for an interview at our consulate. Our consulate has a significant (many months) backlog, and given the COVID situation, we are not sure when they will resume operations.
My partner is in the US with me on a B2 visa. She is pregnant and we filed an I-539 to extend her status as we do not want to travel given COVID concerns and pregnancy.
 
Our concerns are traveling back to the home country given COVID concerns, length of time once the consulate does begin interviews again, as well as reobtaining necessarily police clearances (as these will likely expire prior to an interview being scheduled.) Due to this, we are considering filing for an AOS as she can remain in the US during this time. We would also file for EAD and travel authorization (just in case.)
 
At this point, are we eligible to file for an AOS so she can stay in the US? What are the pros/cons of doing this?
 
Appreciate your input.

Great. Thanks everyone, this is the confirmation that I was looking for.

Answering your question - yes, under the circumstances you are eligible to adjust status from the US if your spouse is a U.S. citizen. Many couples found themselves in the same situation. We are one of those. I am a US citizen. Our CR1 visa was ready to be issued in Paris but by then my French husband  was visiting me on VWP and got stuck due to the pandemic. After careful consideration we decided to do AOS. Basically, after 17 months we abandoned the consular processing at the very end (all the money/time spent for nothing) and started anew. The only bonus is an approved I-130.
Whatever decision you take, good luck!

Nothing at all. File AOS if i-130 is approved

Hi all - I think I know the answer but want to get feedback from the community to confirm...
 
We received our DQ notice (hooray!) However, I have a case review note that says that my income does not qualify me to be a sponsor and that my eligibility will be determined by a consular officer at my wife's interview. I worked entirely outside of the US in 2018 so my 2018 tax return shows foreign income (but is many times the required amount) which was decreased below the amount required to sponsor due to foreign tax credits. Did I receive this note because my income in 2018 was all foreign income and reduced by the foreign tax credit?
 
I have since moved to the US and am still making more than enough money to sponsor. I am planning to have my wife show my US job offer letter and pay stubs, (both of which were also uploaded and accepted by the NVC) as well as a copy of my 2019 tax return and transcript at the interview, assuming we have it in time.
 
Any other recommendations? Anything I should be concerned about? A joint sponsor is not an option for us.