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Change from Consular Processing to AOS in U.S.

By TumT in Adjustment of Status from Work, Student, & Tourist Visas

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TumT Newbie

TumT   0

Posted
Filed: Timeline
Posted

My husband of 2 years is a U.S. citizen and we both live outside the U.S.. He works for a U.S. company overseas and 6 months ago we were thinking of moving back to the U.S. and applied for an immigrant visa (I-130). The visa was approved by the USCIS but in the end we did not complete the process and changed our minds. It was just sitting at the NVC stage and we left it there.

I am currently in the U.S. with my daughter visiting friends on a B visa and my husband calls me up and tells me the company is forcing him to relocate back. He is suggesting that we just adjust our status as I was already there. Our background information is very different to others (i.e. did not get married on the B visa) and I would like to see if this is the right thing to do. Can I still use the I-130 application that was approved by the USCIS and now just file for AOS?

Laure&Colin Proficient

Laure&Colin   558

Posted
Filed: Citizen (apr) Country: France
 Timeline
Posted (edited)

My husband of 2 years is a U.S. citizen and we both live outside the U.S.. He works for a U.S. company overseas and 6 months ago we were thinking of moving back to the U.S. and applied for an immigrant visa (I-130). The visa was approved by the USCIS but in the end we did not complete the process and changed our minds. It was just sitting at the NVC stage and we left it there.

I am currently in the U.S. with my daughter visiting friends on a B visa and my husband calls me up and tells me the company is forcing him to relocate back. He is suggesting that we just adjust our status as I was already there. Our background information is very different to others (i.e. did not get married on the B visa) and I would like to see if this is the right thing to do. Can I still use the I-130 application that was approved by the USCIS and now just file for AOS?

I'm not sure if you can do that.

But one think you can most definitely do is get your application at NVC back on track, provided it's been sitting there for less than one year: if you start paying the fees and sending the documentation the NVC needs, you could have your final visa interview scheduled in less than a month, and this interview could be in 2-3 months from now.

So it's gonna be faster than adjusting status, cheaper (the fees are lower), you'll be able to work right away after you enter with your visa, and you won't have to explain why you abandonned the visa route to try adjusting instead. The only downside I can see here is that you'll have to go back to your home country for the interview, but that's about it.

Edited by Laure&Colin

CR1 Visa

USCIS STAGE: 16 days No expedite request but USC residing abroad
NVC STAGE: 19 days from case # to case complete
03/27/12: interview at Paris embassy - APPROVED
04/12/12: POE San Diego

ROC
01/15/14: sent I-751 application

05/14/14: received card production notification by e-mail, approval date 05/13

Naturalization

02/01/24: N-400 submitted online; Biometrics reuse notice received immediately online; "case being actively reviewed" after a couple hours

02/09/24: received NOA1 by mail

02/10/24: received biometrics reuse notice by mail

04/08/24: interview scheduled for 05/14. Received "We have taken an action in your case" email.

05/14/24: approved at interview, same-day oath ceremony in San Francisco 🥳 🇺🇸

 

Passport

06/10/24: application submitted at post office for passport book and card, paid for expedited processing and shipping

06/24/24: received email notification that passport was approved, then shipped with tracking number

06/25/24: passport received

Moomin Proficient

Moomin   292

Posted
Filed: AOS (apr) Country: Denmark
 Timeline
Posted

You can't combine the petition you already filed with a new one based on entering on a tourist visa - it's either one or the other.

AOS from tourist visa is legal when not entering with the intent to stay. I'd be a bit careful here however - even though you got through immigration at POE, you still have an active i-130 out there, it expires after a year.

K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

TumT Newbie

TumT   0

Posted
Filed: Timeline
  • Author
Posted

I'm not sure if you can do that.

But one think you can most definitely do is get your application at NVC back on track, provided it's been sitting there for less than one year: if you start paying the fees and sending the documentation the NVC needs, you could have your final visa interview scheduled in less than a month, and this interview could be in 2-3 months from now.

So it's gonna be faster than adjusting status, cheaper (the fees are lower), you'll be able to work right away after you enter with your visa, and you won't have to explain why you abandonned the visa route to try adjusting instead. The only downside I can see here is that you'll have to go back to your home country for the interview, but that's about it.

The other benefit is that I have lived in several countries and it is going to take me months to get all of the police certificates together. It was going to be a painful process we were not looking forward to it. For an AOS you don't need them so it would make our lives a lot easier plus I don't have to worry about going back.

TumT Newbie

TumT   0

Posted
Filed: Timeline
  • Author
Posted (edited)

You can't combine the petition you already filed with a new one based on entering on a tourist visa - it's either one or the other.

AOS from tourist visa is legal when not entering with the intent to stay. I'd be a bit careful here however - even though you got through immigration at POE, you still have an active i-130 out there, it expires after a year.

Sorry I not understand about being careful. I entered on litigate grounds that are legal, is there a reason I should be concerned with going down this road? Don't know if an active I-130 means anything or whether the immigration really cares if you adjust in the US or overseas. Should I try to cancel the active I-130 first and then apply for an AOS?

Edited by TumT
ValerieA Experienced

ValerieA   350

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Yes, you use the I-130 already in process for your AOS;. I switched from the CR-1 process to AOS, and had no issues, they matched up the I-130 with the AOS package no problem. Make sure you include a copy of your notice that they received the I-130, or the approval of it, if you have that. Do NOT leave the US until you have either the AP (Advanced Parole) or green card. The one thing I am not sure of is your husband not being in the US - he will need to be here for the interview, for sure.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

CC90 Collaborator

CC90   90

Posted
Filed: Timeline
Posted

I agree with the poster above. You *can* file for AOS with your approved I-130. Just make sure you explain what happened and file with a copy of the approval notice. Don't leave the country and it will be important to have you husband present for the interview.

  • 5 years later...
Tina sarkar Newbie

Tina sarkar   0

Posted
Timeline
Posted
On 2/25/2012 at 12:38 AM, TumT said:

My husband of 2 years is a U.S. citizen and we both live outside the U.S.. He works for a U.S. company overseas and 6 months ago we were thinking of moving back to the U.S. and applied for an immigrant visa (I-130). The visa was approved by the USCIS but in the end we did not complete the process and changed our minds. It was just sitting at the NVC stage and we left it there.

I am currently in the U.S. with my daughter visiting friends on a B visa and my husband calls me up and tells me the company is forcing him to relocate back. He is suggesting that we just adjust our status as I was already there. Our background information is very different to others (i.e. did not get married on the B visa) and I would like to see if this is the right thing to do. Can I still use the I-130 application that was approved by the USCIS and now just file for AOS?

Hi!! Did you get your green card by converting from consolute to aos? I also converted. My interview is this month. Iam very nervous.

TBoneTX Grand Master

TBoneTX   46,195

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Thread from 2012 is now closed to further comment.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
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