I-130 Petition Approved Through Foreign Consulate

[Downunder302 0]

I have an I-130 petition that was recently approved based on a marriage to a U.S. citizen (married 3 years ago). It is currently at the NVC waiting for me to continue the process before going to the foreign embassy.

I am currently in the U.S. on a B2 tourist visa and for various reasons I now want to continue the process within the U.S. by adjusting my status. How do I go about doing this and can I utilize my existing I-130 petition that was approved? If I can utilize my approved I-130 will this speed up the AOS change? Do I have to notify the NVC and foreign embassy and anything I should be concerned with doing it this way? From reading the forums most of the people that seem to do an AOS on a tourist visa suddenly get married but we have been married for a long time.

Thanks

[ValerieA 350]

I have an I-130 petition that was recently approved based on a marriage to a U.S. citizen (married 3 years ago). It is currently at the NVC waiting for me to continue the process before going to the foreign embassy.

I am currently in the U.S. on a B2 tourist visa and for various reasons I now want to continue the process within the U.S. by adjusting my status. How do I go about doing this and can I utilize my existing I-130 petition that was approved? If I can utilize my approved I-130 will this speed up the AOS change? Do I have to notify the NVC and foreign embassy and anything I should be concerned with doing it this way? From reading the forums most of the people that seem to do an AOS on a tourist visa suddenly get married but we have been married for a long time.

Thanks

That is what I did - I had a CR-1 in process, and came to visit my husband while we waited for it to go through the whole process. Circumstances changed, while my application was at the NVC stage, and we switched to the AOS process, with no difficulty. To be honest, I had expected there to be a huge issue with them having to bring the I-130 back from NVC to USCIS, because of the incompetence I had found during all stages of the CR-1 process, but it all went smoothly. I actually had very good experiences with USCIS regarding the AOS. Anyway, follow the guide: AOS Guide and make sure you include a copy of the letter approving the I-130 with your package. Now, having an approved I-130 does not speed up the AOS process at all, it is the I-485 that takes time with background checks, but unless you are in New York, the process takes 2-4 months, typically, which is not bad at all.