Change of Status from F1 now that the I-130 is approved

[Darnell 8,479]

Consular processing NOT required...

Hey Pax - thanks ! Actually cleared up some fog..

[Kathryn41 3,205]

We don't know any immigration lawyers in Southern California, nor can we really afford one. We can make an appointment to see a USCIS officer.

Has anyone else ever found themselves in this position? We are simply trying to figure out the CORRECT next step. Should I explain the situation in the I-485 packet cover page? Should we still apply for the AOS as an F-1 visa holder that has an I-130 approval? Or, do we go the consular route? Of course, we would rather go the AOS route, as my husband starts school again on 8/19 and we are finally reunited, but we want to do the right thing. We certainly wouldn't want to risk being separated long term again.

Make the Infopass appointment , explain the situation and see what the immigration officer suggests. Many lawyers do give an inexpensive consultation as well. Good luck.

[payxibka 10,047]

Payxibka has been suggesting you just AOS from the F1. This is entirely possible, HOWEVER this is usually done without intent. Your husband quite clearly had immigrant intent when he came to the US on his F1 visa. This is IMMIGRATION FRAUD and it is against the VJ terms of service to encourage you to commit immigration fraud.

Please it is an available path to immigration for them and the scare tactics need to stop... "Intent" will never be the basis for an AOS denial (I challenge you to find one). However, if the OP's husband was questioned and misrepresented himself to gain his visa and or entry into the USA, then they could have a finding of misrepresentation (fraud, to use your vernacular) which would lead to a denial, but that is true for anyone, on any entry. I am not condoning AOS if the OP's husband lied. I was not there and neither were you.

Edited July 6, 2010 by payxibka

[MrsOO 7]

If USCIS thought it was a problem, they wouldnt have issued another F1 visa. I'm sure its there on his records that he is married, and they see that it is a US citizen. If he was denied entry back with this new visa, I cant see how it is a problem. I'm sure they'll tell them to go ahead and file AOS (I-485), makes no sense to go the NVC route.