Converting my file from Consular to Adjustment of Status

[mirian&john 1]

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!

Everything was smooth and fine at the POE, in Atlanta. It was the 4th time I came to US on my tourist visa (in the last 4 years), and the first time after having the I-130 sent, but the officer never mentioned that. My case has nothing special or complicated; I was under the two years home residence requirement, due a J1 visa I had in 2010, but I already filled that requirement in Brazil, so now I am eligible for AOS.

[JohnR! 5,495]

Everything was smooth and fine at the POE, in Atlanta. It was the 4th time I came to US on my tourist visa (in the last 4 years), and the first time after having the I-130 sent, but the officer never mentioned that. My case has nothing special or complicated; I was under the two years home residence requirement, due a J1 visa I had in 2010, but I already filled that requirement in Brazil, so now I am eligible for AOS.

Did the CBP agent ask what the purpose of your trip was? If so, what was your answer? Did you tell him you were coming to visit your husband? Did the CBP agent record your answers in his/her computer?

In all honesty I think it would be OK for you to AOS stateside. However, nobody here can give you that guarantee and the only reason I suggested the Infopass is to give you the opportunity to speak to a USCIS officer, explain under which circumstances you entered the country and what your plans are. Chances are you will receive the answer you want to hear - that you can do so without prejudice. However, if there is any reason you should not be ok, the agent can tell you as well, and since you did not sign or file any documents, there is no harm done. As I said, you have nothing to lose but one afternoon of your life.

If two lawyers gave you different answers they may have based their answers on a specific detail - they only know the answer to that.

There are many ways by which many defraud the USCIS and are not caught. That does not make their offense any less objectionable and it certainly does not warrant praise. My answer was meant to steer you in a direction where you can find out for yourself if there should be anything outside the law in what you are considering doing. I believe that was your intention in asking, in the first place.

[mirian&john 1]

Did the CBP agent ask what the purpose of your trip was? If so, what was your answer? Did you tell him you were coming to visit your husband? Did the CBP agent record your answers in his/her computer?

In all honesty I think it would be OK for you to AOS stateside. However, nobody here can give you that guarantee and the only reason I suggested the Infopass is to give you the opportunity to speak to a USCIS officer, explain under which circumstances you entered the country and what your plans are. Chances are you will receive the answer you want to hear - that you can do so without prejudice. However, if there is any reason you should not be ok, the agent can tell you as well, and since you did not sign or file any documents, there is no harm done. As I said, you have nothing to lose but one afternoon of your life.

If two lawyers gave you different answers they may have based their answers on a specific detail - they only know the answer to that.

There are many ways by which many defraud the USCIS and are not caught. That does not make their offense any less objectionable and it certainly does not warrant praise. My answer was meant to steer you in a direction where you can find out for yourself if there should be anything outside the law in what you are considering doing. I believe that was your intention in asking, in the first place.

Me, my husband and our daughter arrived in the USA together in my last entry. The officer pretty much asked everything to my husband, who said that this should be a 1 month trip, to visit our family members over here, and that is what was true. I don't think the agent recorded anything on the computer, though.

Thank you for your advices! I'm considering the infopass, but we live in a country region of NC and would be a trip just to the nearest office... but we will check the pros and cons and make a decision about it.

Thanks again!

[Harpa Timsah 13,258]

You did not have intent to immigrate on this visit and you were legally admitted.

There is no need to worry.

Intent by itself, had you had it, is not a reason to deny an AOS. You didn't lie at the border. It's really a non-issue.

[JohnR! 5,495]

Me, my husband and our daughter arrived in the USA together in my last entry. The officer pretty much asked everything to my husband, who said that this should be a 1 month trip, to visit our family members over here, and that is what was true. I don't think the agent recorded anything on the computer, though.

Thank you for your advices! I'm considering the infopass, but we live in a country region of NC and would be a trip just to the nearest office... but we will check the pros and cons and make a decision about it.

Thanks again!

In this case I really belive you should be OK with your AOS. Good luck whatever your decision! :-)

[mirian&john 1]

Got the I-130 approved today!!

[Terry J 50]

Got the I-130 approved today!!

Congratulations!

[julianausa 0]

Oi Mirian, estou na sua mesma situacao!!!! DEu certo!!!?????? te aprovaram???? My I 130 get aproved in 2015, I come in 2016 and I have a P1 (visa artist).. now I wanna change from consulate procedure to adjustment of status.. what should I do???? my husband is a permanent resident.

[Harpa Timsah 13,258]

Oi Mirian, estou na sua mesma situacao!!!! DEu certo!!!?????? te aprovaram???? My I 130 get aproved in 2015, I come in 2016 and I have a P1 (visa artist).. now I wanna change from consulate procedure to adjustment of status.. what should I do???? my husband is a permanent resident.

You are only eligible for Adjustment of Status if your Priority date is current, since your husband is a permanent resident.

[julianausa 0]

You are only eligible for Adjustment of Status if your Priority date is current, since your husband is a permanent resident.

Hi Harpa... my priority date is 25 december 2013.. is it ok? I don`t understand much of it..

[Harpa Timsah 13,258]

The date is Nov 2014 so it looks like you are good to go.

Check the visa bulletin (google visa bulletin) and make sure it's all right.

[TBoneTX 45,329]

Thread from 2014 is now closed to further comment.