Converting my file from Consular to Adjustment of Status

[mirian&john 1]

Folks, I would like to know if someone have been through a similar situation and could help me:

I'm married to a US citizen and we have sent our I-130 petition May/2013, to do the Consular Process, via Rio in Brazil. Last month I came to US (using my tourist visa) for a short trip, but now I decided to stay and do the Adjustment of Status. Somebody know how to proceed with USCIS? Tomorrow, Feb. 18th, will be 60 days since my I-130 process was transferred to Nebraska, thus I'm expecting the NOA2 any time soon. So, when I get the approval, what should I do? Do I need to contact USCIS and let them know that I am here now and I'm going to adjust my status? Does somebody have done this before?

Thanks a lot!

PS: we didin't hire any lower for the I-130.

[JohnR! 5,495]

My suggestion is that you set up an Infopass so that you can speak with a USCIS agent before you send in any documentation. That will give you the opportunity to explain to someone why you changed your mind and receive good advice on how to proceed.

[Harpa Timsah 13,258]

You need to send a I-485 package and attach a copy of your NOA1 from the I-130. Then USCIS will match your files up and your case will be a concurrent AOS case. You do not need to wait for I-130 approval.

Edited February 17, 2014 by Harpa Timsah

[Terry J 50]

I am very much in the same scenario as you.

I am about to change from consular processing to the AOS route and my I-130 is still pending approval at Nebraska as well.

Follow Harpa's instructions and you should be fine.

[mirian&john 1]

We have talked to two lawyers about it, one advised me to go back to Brazil and do the interview over there (keep going with my consular process) and the other one pretty much said it is a simple issue to correct with USCIS. I really don't want to pay $1200 to a lawyer simple fill the forms for me, specially after I have done all the paper work for the I-130 on my own.

I'll probably have my NOA2 by the time I have all my documents ready to send the AOS, so, what should I do, just sent the forms along with NOA2 and ignore the fact that I had a consular process running?

Terry J, do you have a link for those harpa's instructions? I could not find it.

Thank you guys.

[pushbrk 12,898]

You need to send a I-485 package and attach a copy of your NOA1 from the I-130. Then USCIS will match your files up and your case will be a concurrent AOS case. You do not need to wait for I-130 approval.

Absolutely correct. No need for Infopass either. Just do it. Any explanation needed can be given at the interview.

[JohnR! 5,495]

We have talked to two lawyers about it, one advised me to go back to Brazil and do the interview over there (keep going with my consular process) and the other one pretty much said it is a simple issue to correct with USCIS. I really don't want to pay $1200 to a lawyer simple fill the forms for me, specially after I have done all the paper work for the I-130 on my own.

I'll probably have my NOA2 by the time I have all my documents ready to send the AOS, so, what should I do, just sent the forms along with NOA2 and ignore the fact that I had a consular process running?

Terry J, do you have a link for those harpa's instructions? I could not find it.

Thank you guys.

You can get the AOS forms here: ---> http://www.visajourney.com/content/adjustmentforms

I will not presume to dispute what your lawyers said, for they know all the particularities of your case. I would recommend you set up an Infopass and speak to a USCIS directly before you send in any forms. Worst case scenario you will waste one afternoon doing so, which is not really a high price to pay for a little piece of mind.

Good luck whatever your course of action!

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status form Work, Student, & Tourist Visas forum.

[hmh33 117]

I don't think there's anything to be gained from doing an Infopass, and there's possibly something to be lost.

[pushbrk 12,898]

I don't think there's anything to be gained from doing an Infopass, and there's possibly something to be lost.

Bingo!

[mirian&john 1]

I am very much in the same scenario as you.

I am about to change from consular processing to the AOS route and my I-130 is still pending approval at Nebraska as well.

Follow Harpa's instructions and you should be fine.

I'm sorry for my misunderstanding! There are so many guides, instructions and shortcuts, that I thought 'harpa' was one more! lol

[mirian&john 1]

Thank you guys! I'll just send my forms without doing an Infopass... but if someone has already done it somehow, please tell me your experience! today is actually 60 days since my file was transferred to Nebraska!! NOA2, please, get in here soon!

[Terry J 50]

Thank you guys! I'll just send my forms without doing an Infopass... but if someone has already done it somehow, please tell me your experience! today is actually 60 days since my file was transferred to Nebraska!! NOA2, please, get in here soon!

I don't believe that you need to bother with the Infopass either. Why are you stressing about the NOA2?

If it doesn't arrive by the time you're ready to file the AOS package it's no big deal. Just make sure to include a copy of the NOA1 and the transfer notice you received.

I still don't have a NOA2 and my husband and I intend to submit the AOS in the next couple of days.

Best wishes and try not to stress too much over this I know that we all do, but just focus on reading the instructions carefully and filling out all the forms properly to avoid any RFE (request for evidence) that would delay the processing of the AOS.

[JohnR! 5,495]

I don't think there's anything to be gained from doing an Infopass, and there's possibly something to be lost.

I believe there is peace of mind to be gained from setting up an info pass. Two lawyers have expressed different opinions over one same matter, so I should not be one to presume to know better.

As with all matters with the USCIS it is always better to ask for permission than forgiveness. We do not know what transpired during the CBP inspection upon arrival therefore not one single person here can guarantee that there is absolutely no reason she should not sign, under penalty of perjury, the USCIS forms required to set AOS in motion.

IMHO just stating that there is nothing to be concerned about, nor anything else to consider, is reckless.

[Terry J 50]

I do agree with Gegel that we don't know the details of the OP's situation or what occurred at POE.

I missed the post mentioning that two lawyers gave differing opinions.

I can only speak for my experience as I am basing my decision to change to AOS solely on the facts and merits of my own case.

I'll also say that I have a lawyer and he was hired at the time when we started consular processing because my case isn't as simple as most.

I complete all the forms myself in order to familiarize myself with the process and have the lawyer review everything before it gets sent.

To the OP, let us know how things go for you!