Inquiry about AOS while having ongoing CR1 process

[zhongshanbeauty]

Hi Everyone, I'm so glad to find this amazing website! here is my situation. Last September my husband filed CR1 immigration visa application for me. An interview was scheduled in Feb 12 2020 in China. However due to COVID 19 my interview was canceled. Currently I'm in the US with B2 visa. After 3 attempts to buy flight tickets to get back to China was no avail. And we are wondering if I apply adjustment of status here in the US, do I need to cancel my ongoing CR1 immigration visa application in Guangzhou China? Anybody has any idea? Thanks!

[Mkc]

The fact that you are here on a B2 visa, you can file for extension of stay in the US to USCIS.

[zhongshanbeauty]

Yes, I consider this option as well. Just I’m a bit worried after applying for extension...I still can’t get a flight back home. ???? And my husband can’t even get in China (even tho he has work permit there) due to the border is closed to foreigner.

[newacct]

Hi Everyone, I'm so glad to find this amazing website! here is my situation. Last September my husband filed CR1 immigration visa application for me. An interview was scheduled in Feb 12 2020 in China. However due to COVID 19 my interview was canceled. Currently I'm in the US with B2 visa. After 3 attempts to buy flight tickets to get back to China was no avail. And we are wondering if I apply adjustment of status here in the US, do I need to cancel my ongoing CR1 immigration visa application in Guangzhou China? Anybody has any idea? Thanks!

Yes, you can apply for Adjustment of Status by filing I-485, and USCIS will ask NVC to send your approved petition back. I don't think it matters whether you cancel the process at the consulate; it will be abandoned when NVC sends the petition back to USCIS.

[bhdr07]

Adjustment of Status from B2 when you’re married to USC is little tricky. It is possible but depends on the history of your case. Please consult with an attorney. B2 is not a dual intent visa generally. You would have to convince USCIS that you didn’t enter USA with a pre conceived intent.

[zhongshanbeauty]

Yes, you can apply for Adjustment of Status by filing I-485, and USCIS will ask NVC to send your approved petition back. I don't think it matters whether you cancel the process at the consulate; it will be abandoned when NVC sends the petition back to USCIS.

I called the US consulate in China, they said that you can either cancel your ongoing case first or you can go ahead to file AOS in the US. Once your AOS gets approved, then inform them with a statement from petitioner with notary to the US consulate in China. They will send my I130 package back to USCIS.

[zhongshanbeauty]

Adjustment of Status from B2 when you’re married to USC is little tricky. It is possible but depends on the history of your case. Please consult with an attorney. B2 is not a dual intent visa generally. You would have to convince USCIS that you didn’t enter USA with a pre conceived intent.

Honestly I really want to go home to just wait there for US consulate to open. I have brought 3 different flights but they all got canceled due to covide19. Yes, we consult with an attorney today. He suggested we can try AOS. I will see in a bit. If I have to I will go ahead. Thanks for you guys advice.