I am SOO lost!

[Island1902 0]

Hello everyone,

I am so lost and confuse here. I was in Bermuda and was in the process of NVC. Then I lost my job in Bermuda so I came to the states on my tourist visa.

Here is the thing our original plan was to have all the interview and medical process in Bermuda and I will come to the states from bermuda once the greencard is ready.

Our I130 has been approved last December. So now we are at the NVC stage. I am filing spouse visa. We got married in 2007.

Now my question is I spoke to my lawyer and she said its best that you just stay here and continue all the paperwork in the states instead of asking me go back to my country in Malaysia. Its easier to control and me and my husband can be together. She suggested that we do Adjustment of Status. I raised my concern to her that on the fact that I enter to the states via tourist visa isnt that going to affect my paperwork and considered as illegal. Technically on my tourist I can stay in the states as tourist until 6 months from my entry date. which will be in end of Oct. She said she was worried if its going to take long if I am in Malaysia. I dont want to be stuck too long in Malaysia as I dont want to be apart from my husband any much longer since we didnt get to spend too much time since we married as I was in bermuda

I got a free tix going home from my co as part of the redundancy package and I already book the flight, but I am not worry too much as I can always change the date for my future travel.

Now my question is does anyone of you ever be in the same situation? I dont want to be stuck back home for too long I have heard it can be 1 year at the same time I dont want to ruin our paperwork process.

My lawyer said my they should be able to see how my plan has changed from Bermuda as I do not stay there anymore.

I was thinking alternatively I can stay here and just proceed with original plan and go visit Bermuda for the interview process in US embassy there. Can I still do that even if I am not a resident there anymore? I have many friends that I can always stay over there.

So can someone please guide me on this?

[YuAndDan 153]

You cannot switch from a spousal visa process to adjustment of status, also immigrant intent has been established so you cannot simply abandon the I-130 and file to adjust status either.

You WILL need to return to home country and interview for the spousal visa, NVC WILL NOT Send the case to USCIS in the USA for an interview.

[Island1902 0]

You cannot switch from a spousal visa process to adjustment of status, also immigrant intent has been established so you cannot simply abandon the I-130 and file to adjust status either.

You WILL need to return to home country and interview for the spousal visa, NVC WILL NOT Send the case to USCIS in the USA for an interview.

hi,

thank you for your response. So how long do you think this should take if i go back to my country I already did my police certificate and my medical checkup.

[canadian_wife 1,829]

YuandDan is correct - you must follow through and interview back in your home country and NVC will certainly send your application there. If you fill in your timeline and let us know where you are at the NVC stage that will certainly help.

Good luck