Possible to switch to Adjustment of Status while file is at the NVC? (split topic)

[AJMUK 37]

Hi everyone.

Im not sure if this needs to be moved to a different board or not - I wasn’t sure where to post it. I need some advice and some input.

The story in a nutshell - i-130 was filed September 2013. NOA1 and NOA2 received and all fine. Case sent to NVC.

I sent in the Affidavit of Support form around a month ago, and a few days ago I received an email from NVC to tell me that I’d basically screwed the form up. I hadn’t filled it in properly, so I received an RFE by email. Thats not a major problem, I just need to fill it in again and send it to them.

However…

This whole ridiculously long and over-complicated process has taken its toll on us both. Just like it has for many of you, its been horribly stressful and annoying, and although we’ve been dealing with it together, we’ve also been dealing with it apart, as I’m in the US and my other half is living in the UK. So all in all, its been very stressful, and I know you can identify with that.

Here’s the thing though. My other half is now with me in the US. She arrived a few days ago and she’s here for 3 weeks, which is great. She’s not due to go back to the UK until mid July.

However, after talking a lot face to face, its become very clear that neither of us are handling this very well on our own, and we don’t want to be parted any more.

As such, we want to change from consular processing to adjustment of status.

She entered the US legally using the visa waiver programme, and she had no intention of staying in the US until I suggested it.

Now, I’m going to call the NVC on Monday to ask how we can do this, because right now, I don’t even know if such a thing is possible.

So until Monday comes around, I wanted to ask all of you if you’ve ever heard of anyone changing from consular processing to adjustment of status, and if so, how the hell do we do it?

I know adjustment of status is more expensive, but to be honest, I don’t really care. I want this process to be over with, and I don’t want us to be separated any more.

So, thats basically my question. Have you heard of anyone changing from CP to AOS, and if so, how? (oops, thats 2 questions!). I’ve looked on the internet, and I can see one post on this very site which asks more or less the same question(s) I’m asking, but there wasn’t really a definitive reply.

Im happy to jump through more of America’s rings of fire to get this process completed, but I’m not prepared for us to go through the rest of this journey on two different sides of the Atlantic. Now that she’s here, I plan on her being here until she gets a green card.

It has always been difficult for us to spend time apart, but it wasn’t until she arrived on this trip that I realised just how difficult its been. When I suggested we go down the AOS route rather than the CP route, she was overjoyed.

The only real source of information I can find is on the following link, but its difficult to read and it doesn’t make an awful lot of sense to me. It looks as if its saying that Visa Waiver entrants who are immediate relatives can apply for adjustment of status - but is that possible after going half way through the consular processing route?

http://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

As I said, I will call both NVC and USCIS on Monday, but until then, your input would be great. Thanks a lot as always.

[bdrew612 1,071]

Hi everyone.

Im not sure if this needs to be moved to a different board or not - I wasnt sure where to post it. I need some advice and some input.

The story in a nutshell - i-130 was filed September 2013. NOA1 and NOA2 received and all fine. Case sent to NVC.

I sent in the Affidavit of Support form around a month ago, and a few days ago I received an email from NVC to tell me that Id basically screwed the form up. I hadnt filled it in properly, so I received an RFE by email. Thats not a major problem, I just need to fill it in again and send it to them.

However

This whole ridiculously long and over-complicated process has taken its toll on us both. Just like it has for many of you, its been horribly stressful and annoying, and although weve been dealing with it together, weve also been dealing with it apart, as Im in the US and my other half is living in the UK. So all in all, its been very stressful, and I know you can identify with that.

Heres the thing though. My other half is now with me in the US. She arrived a few days ago and shes here for 3 weeks, which is great. Shes not due to go back to the UK until mid July.

However, after talking a lot face to face, its become very clear that neither of us are handling this very well on our own, and we dont want to be parted any more.

As such, we want to change from consular processing to adjustment of status.

She entered the US legally using the visa waiver programme, and she had no intention of staying in the US until I suggested it.

Now, Im going to call the NVC on Monday to ask how we can do this, because right now, I dont even know if such a thing is possible.

So until Monday comes around, I wanted to ask all of you if youve ever heard of anyone changing from consular processing to adjustment of status, and if so, how the hell do we do it?

I know adjustment of status is more expensive, but to be honest, I dont really care. I want this process to be over with, and I dont want us to be separated any more.

So, thats basically my question. Have you heard of anyone changing from CP to AOS, and if so, how? (oops, thats 2 questions!). Ive looked on the internet, and I can see one post on this very site which asks more or less the same question(s) Im asking, but there wasnt really a definitive reply.

Im happy to jump through more of Americas rings of fire to get this process completed, but Im not prepared for us to go through the rest of this journey on two different sides of the Atlantic. Now that shes here, I plan on her being here until she gets a green card.

It has always been difficult for us to spend time apart, but it wasnt until she arrived on this trip that I realised just how difficult its been. When I suggested we go down the AOS route rather than the CP route, she was overjoyed.

The only real source of information I can find is on the following link, but its difficult to read and it doesnt make an awful lot of sense to me. It looks as if its saying that Visa Waiver entrants who are immediate relatives can apply for adjustment of status - but is that possible after going half way through the consular processing route?

http://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

As I said, I will call both NVC and USCIS on Monday, but until then, your input would be great. Thanks a lot as always.

If you're going to go down the road of adjusting status, I think you'd be best hiring a lawyer, too. Adjusting status on a VWP while it is legal, can be risky. With the case currently at NVC, your wife is intending to immigrate and the current petition is proof of that. When someone travels on to the US on VWP, they're saying they will not adjust status. It's a catch 22.

With the Affidavit of Support documents, when you send in the corrected form, it will take about 20-30 days, which by that point your Immigrant Visa documents should have already been approved. Have those already been sent in? London schedules interviews about 6 weeks from case completion (case complete at NVC before July 15 & you should get August interview).

I'm no expert in this matter, and I think the NVC thread may be the best place to post this scenario as you will likely get better and more accurate advice. :-)

[AJMUK 37]

Yup, I hear what you're saying (and thanks for saying it!).

My gut feeling is that given the link I posted above, they do expect that some spouses will enter the US using visa waiver, and once they're in the country, they decide they want to stay, otherwise they wouldn't have created the 'you can't adjust status on a visa waiver - unless you're an immediate relative' rule.

I know it's wishful thinking, but I'm hoping they'd see that because we are already so far down the NVC route,we aren't trying to do anything dodgy. I agree it's a catch 22, and I can see how it might 'look' dodgy, but it would look a whole lot dodgier if we'd done this a year ago, before jumping through all the hoops we've already jumped through. Also, in reality, as they very rarely take action against immediate relatives who overstay on a VWP, why would they get the hump with people who are obviously trying to go through the correct channels?

(I'm just thinking aloud)

You're right, I should probably post this in the NVC board but I'm worried now about getting too many conflicting pieces of advice, because that will make me even more confused than I already am :-/

I've just had enough of the whole process. We both have. We have been together for 17 years and we just want to stay together now that we are physically together.

[Ryan H 3,812]

***Posts split into separate thread as question is a unique set of circumstances. This is also the forum to discuss such issues, not the monthly NVC thread.***

[FlyingPhoenix 4]

Okay so the fact you had a return flight for your wife's visit is definitely a point in your favour because although they may be suspicious it's still evidence she was planning to return. I think calling the NVC is a good idea and hopefully they can give you good news. But incase it isn't what you want to hear you are legally allowed to stay 90 days maximum on VWP so perhaps you could extent her visit then she can return to the UK for a week or so to do the interview finish everything off then come back on the visa. There should be a date where they stamped her passport when she entered on the VWP and that's the date the 90 days is up and she would have to return to the UK unless you have something sorted out. Hope that helps

[Harpa Timsah 13,258]

You can do it, no need for a lawyer. But, it is much more expensive (add in $1070 and a medical exam).

If you have a problem with the I-864, then you will have the same problem and can be denied.

Your choice. Good luck.

[ValerieA 350]

I switched from a CR-1 to AOS when our file went to NVC, and I had no issues. I was in the US on a B-2 visa.

[teanet 20]

I switched it also, my case was at NVC I came visit my husband an didn't want to leave, I came here on wvp. We called NVC to send all documents to uscis and explained it. The money you paid for NVC are gone. If you send all paperwork your wife can have travel and working visa in 3 months and tha wits for green card. At the interview I was never asked why or how I came here.also if there are no big red flags or troubles I don't think you need lawyer.

Edited June 24, 2014 by teanet

[Tina sarkar 0]

On 6/23/2014 at 12:46 PM, ValerieA said:

I switched from a CR-1 to AOS when our file went to NVC, and I had no issues. I was in the US on a B-2 visa.

Hi! I need your advice. My file was at NVC. I came to visit my husband on a tourist visa and changed our mind to adjustment of status. My interview is this month. Can you please suggest what questions i might get asked about switching from consolute to adjustment of status.

[TBoneTX 45,284]

Thread from 2014 is now closed to further comment.