Change from Consular Processing to AOS in U.S.

[TumT 0]

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?

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas; OP is asking about that process.

The visa was approved by the USCIS

Incorrect terminology, USCIS doesn't approve visas, they approve petitions. The petition your USC spouse filed is what was approved.

To adjust status from a B2, it is usually necessary to concurrently file the I-130 and I-485. I don't know if it is possible to use the I-130 that was already filed in your case as it is now sitting in the NVC.