Simple case takes a unique turn

[Chris&Angela 0]

Hi VJ team,

I'm looking for some advice. I think I can keep this all "do it yourself" with VJ help.

For starters both me (USC) and my wife are engineers with the same parent company. We met and dated while I was assigned to work at her job site in Italy (2008). Since then we married in Italy and I have applied for a straight forward (but slow) CR-1. In the meantime my wife has looked for jobs once she arrives in US. A different organization within my company has hired her and submitted for a H-1B visa on her behalf. It looks like this path will get her here by the end of Febuary, long before my CR-1 process will complete.

Once my I-130 is approved, I will not need to go to the NVC. I will just use the NOA2 from the I-130 for her Adjustment of Status. Obviously I don't want to do anything until she is here on the H-1B, but looking ahead.... how does someone communicate with NVC to abandon CR-1 visa but keep I-130 valid?

Thanks for the insights!

[Nat&Ron 0]

I dont think you can just do the AOS

I also think your wife still has to be approved at her

interview later. Having a HB-1 doesnt get her off the

hook for the CR-1. The USCIS FROWNS on people entering

the USA outside of a existing I-130 process.

I would talk to USCIS an ask your maybe looking for

problems. Its not that easy to just do it your way out

the realm of USCIS process.

It just my opnion, call USCIS and ask them

But i heard she will still have to go back and do her

CR-1 is doesnt disappear into thin air.

It still ENFORCE the CR-1 and is on going.....until gets her VISA

on her passport.

Good luck

[pushbrk 13,176]

Hi VJ team,

I'm looking for some advice. I think I can keep this all "do it yourself" with VJ help.

For starters both me (USC) and my wife are engineers with the same parent company. We met and dated while I was assigned to work at her job site in Italy (2008). Since then we married in Italy and I have applied for a straight forward (but slow) CR-1. In the meantime my wife has looked for jobs once she arrives in US. A different organization within my company has hired her and submitted for a H-1B visa on her behalf. It looks like this path will get her here by the end of Febuary, long before my CR-1 process will complete.

Once my I-130 is approved, I will not need to go to the NVC. I will just use the NOA2 from the I-130 for her Adjustment of Status. Obviously I don't want to do anything until she is here on the H-1B, but looking ahead.... how does someone communicate with NVC to abandon CR-1 visa but keep I-130 valid?

Thanks for the insights!

The first answer you got is simply incorrect. You need not communicate with NVC but you can. Simply file the AOS and inform USCIS that the approved I-130 is at the NVC. They know it but tell them anyway.

When my wife filed AOS, NVC was where her I-130 was but for a different reason. We simply didn't pursue the CR1 visa because she came on the K3.

Edited January 4, 2011 by pushbrk