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Henmoh

Hi! Trying to figure out adjustment of status on tourist visa

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

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Henmoh Apprentice

Henmoh   2

Posted
Filed: AOS (pnd) Country: India
 Timeline
Posted

Hi,

Facts:

My husband is a US citizen. I am an Indian citizen and we have been married for 6+ years. We have a 11 months old child who was born in India and is a US citizen at birth. We are currently in the US since Feb 2014 and I am here on a tourist visa with I94 stamp of Aug18th.

Situation:

My husband moved from US to India in 2011 to set up a business there and has spent majority of his time in India on that account over the last 3 years. In 2013, he began scouting the US market to see possibilities for business expansion and visited the US for 4-5 months that year. In Feb 2014, my baby and I accompanied my husband on his business trip to the US, largely since our baby was small and I needed support.

Over this period in the US, it has become clear that the business has good growth opportunities in the US and my husband would like to set up an office here. We now want to apply for a GC for me and adjust status while I am here so that we don't have to do unnecessary up and down travel with a small baby.

My query:

Is ours a reasonably straightforward case for adjustment of status or do I need to go through the consular processing route?

Thanks for your time.

Our Journey (2014): AOS from B-2 (Tourist) Visa :dancing:

07/07: Concurrent Filing of Forms I-130, I-485, I-765 & I-131 at Chicago Lockbox. Documents sent by USPS.

07/10 (Day 01): Parcel delivered at Lockbox (USPS confirmation).

07/15 (Day 06): Four Email & SMS notifications from USCIS (around midnight) - one for each form filed.

07/15 (Day 06): Case status check activated on USCIS for all 4 receipt numbers.

07/18 (Day 09): Four NOAs received in mail.

07/22 (Day 13): Biometrics appointment notice received in mail. Scheduled for Aug 1st.

07/28 (Day 19): Walk-in biometrics appointment at Santa Clara (San Jose Field Office).

08/12 (Day 34): I-485 case status moves to "Testing & Interview". Email notification received.

09/05 (Day 58): I-765 case status moves to "Card/Document Production". Email notification received.

09/10 (Day 63): I-765 case status update "Card/Document Mailed". Email notification received.

09/11 (Day 64): Combo EAD & Advance Parole Card received.

10/03 (Day 86): I-486 case update: Interview scheduled for Nov 5th. Email notification received.

10/06 (Day 89): Interview notice received in mail.
11/05 (Day 119): Interview at San Jose Field Office at 12:30pm. Verbal approval at the interview. Yay!!!

11/05 (Day 119): I-485 case status moves to "Card/Document Production". Email notification received.

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bkghosh Rising Star

bkghosh   121

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
Posted

Since you are already married to a US citizen you can adjust status while in the US. You need to submit the I-130 (petition for alien family member - spouse), and simultaneously submit the I-485 (application to change status).

Originally that was what we wanted to do when my wife was here in the US on a B1/B2 visa. But she wanted to go back, finish her work contract in India and wait it out in India.

Please read more about the process here: http://www.visajourney.com/content/i130guide2

India does not have consular processing. Only very few countries offer CP.

IR-1/CR-1 Visa
Service Center : National Benefits Center; Consulate : Mumbai, India; Marriage (if applicable): 2013-07-05
USCIS
I-130 Sent : 2013-07-20; I-130 NOA1 : 2013-07-26; I-130 Transferred to CSC: 2014-01-13; I-130 Approved: 2014-01-22
NVC
NVC Received: 2014-02-03; AOS Bill Shows PAID: 2014-03-19
NVC Case # and IIN Assigned: 2014-03-11; AOS Package Delivered: 2014-03-21;
Submitted/Completed DS-261 online: 2014-03-12; AOS Package Touched: 2014-03-25;
Receive & Pay AOS Bill : 2014-03-13; AOS Package Approved: 2014-04-08
AOS Package Mailed (USPS Priority): 2014-03-18;
IV Bill:
Receive & Pay IV Bill: 2014-03-24; False Checklist for Civil Documents: 2014-04-07
IV Bill Shows PAID: 2014-03-26; Case Completed at NVC: 2014-04-16;
IV Package Mailed (USPS Priority): 2014-03-26; Case Complete Email Received: 2014-04-23
IV Package Received by NVC: 2014-03-31; Interview scheduled: 2014-05-01;
IV Package Touched: 2014-04-03 (still in review); IL Email Received: 2014-05-01
DS-260 Available/Completed/Submitted: 2014-03-27
Consulate: Mumbai
Fingerprinting & Photo: 2014-05-09 Medicals: 2014-05-19
Interview: 2014-06-04 Visa Approved CEAC Website Status "Issued": 2014-06-05
USCIS ELIS Fee Paid: 2014-06-08 Passport w/Visa Received: 2014-06-09
POE (LAX): 2014-07-20 SS# Received: 2014-07-28
Actual GC received 2014-08-30
CA ID Received: 2014-09-02.
First job in USA (yeeeh!!!) starting: 2014-09-22
Taking driving lessons....!!!!
ROC
Application Sent: 2016-04-26
NOA1:2016-04-28
Biometrics: 2016-06-02 (early walk-in on May 31st)

ROC Approval Email and Online Status Change - 2016-11-07
Google Doc for April 2016 filers: https://docs.google.com/spreadsheets/d/12Mb-ALcbwQbYafLj4vFaEMjSGD-wfjtrycs3ul8QlUo/edit?pref=2&pli=1#gid=0

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flyned Newbie

flyned   0

Posted
Filed: Country: Thailand
 Timeline
Posted (edited)

This is very close to our situation with the exception that my wife from Thailand and I were married last week here in Oregon. She is on her third stay in the US with me on her B2. We are beginning both the I 130 as well as the I 485. Here my problem. Line 14 on the 130 clearly ask if she is here on a tourist visa. However Part 2 on the 485 has no option to check for being here on a tourist visa and I do not know what box to check on Part 2, application type.

There seems to be no shortage of contradiciting advise on attempting the 130/485 while in the US on B2. One says it is clearly illegal and the next says they did it with no problem. We can document we have been together 5.5 years with three trips to the US on her 10 year B2.

Any thoughts on Part 2 on the 485?

Thanks much,

Ed

Edited by flyned
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Henmoh Apprentice

Henmoh   2

Posted
Filed: AOS (pnd) Country: India
 Timeline
  • Author
Posted

Flyned-

First regarding the I485. Part I asks you to state the Current USCIS status. That's where you will have to mention "tourist visa". In Part 2, you simply select (a) since you are filing I130 petition.

Secondly, regarding AOS while on tourist visa. It is definitely not illegal to do so. As long as your wife did not have the intent to adjust status when she entered the US on her last trip, it is entirely legal to apply for AOS. It is critical to be able to demonstrate such intent as well, usually by showing how a change in circumstance after her entry into the US led her to change her decision to return to Thailand as planned.

All the best.

Our Journey (2014): AOS from B-2 (Tourist) Visa :dancing:

07/07: Concurrent Filing of Forms I-130, I-485, I-765 & I-131 at Chicago Lockbox. Documents sent by USPS.

07/10 (Day 01): Parcel delivered at Lockbox (USPS confirmation).

07/15 (Day 06): Four Email & SMS notifications from USCIS (around midnight) - one for each form filed.

07/15 (Day 06): Case status check activated on USCIS for all 4 receipt numbers.

07/18 (Day 09): Four NOAs received in mail.

07/22 (Day 13): Biometrics appointment notice received in mail. Scheduled for Aug 1st.

07/28 (Day 19): Walk-in biometrics appointment at Santa Clara (San Jose Field Office).

08/12 (Day 34): I-485 case status moves to "Testing & Interview". Email notification received.

09/05 (Day 58): I-765 case status moves to "Card/Document Production". Email notification received.

09/10 (Day 63): I-765 case status update "Card/Document Mailed". Email notification received.

09/11 (Day 64): Combo EAD & Advance Parole Card received.

10/03 (Day 86): I-486 case update: Interview scheduled for Nov 5th. Email notification received.

10/06 (Day 89): Interview notice received in mail.
11/05 (Day 119): Interview at San Jose Field Office at 12:30pm. Verbal approval at the interview. Yay!!!

11/05 (Day 119): I-485 case status moves to "Card/Document Production". Email notification received.

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TBoneTX Grand Master

TBoneTX   45,284

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

*** Thread moved from Introducing Our Members forum to the "Adjustment of Status from Work, Student, & Tourist Visas" main forum. ***

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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