When can you apply for adjustment of status?

[Zittajohn 0]

We would like for my husband to be able to stay in the US...working or not. Is it too late to apply for an adjustment of status? We have been approved for I130, sent DS-261, paid AOS bill and sent AOS package. We have not received IV bill, AOS approval or sent IV application.

[Ketsuban 1,034]

Is he there right now, or are you planning this ahead of time?

[Zittajohn 0]

Is he there right now, or are you planning this ahead of time?

He is here right now.

[Ryan H 3,812]

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

[Zittajohn 0]

We have I-130 approval, sent DS-261, paid AOS bill and sent AOS package. Is it too late to apply for adjustment of status? My husband is currently visiting and we would like for him to be able to stay. Working or not, doesn't matter. I posted this earlier but someone moved it to the wrong forum.

[Operator 1,927]

Is your plan to abandon the current petition and AoS from his VWP entry?

Edited August 2, 2014 by Operator

[Nich-Nick 3,354]

I believe it was moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum because you will abandon your CR1 visa quest and start over. The current forum where you have re-posted is Adjustment of Status from Family Based Visas. He won't be adjusting from a family based visa either which is basically the K visa folks.

His new plan falls under "Adjustment of Status from Work, Student, & Tourist Visas" because he plans to adjust status from VWP. The process is the same as from tourist visa because the (new) I-130 will be sent concurrently with the adjustment of status forms and documentation.

I think you need to formally withdraw your current process before launching another. Not certain so don't do anything based on what I "think". I wanted to explain why your post was moved correctly.

Edited August 2, 2014 by Nich-Nick

[islandgirl80 28]

Call NVC

[Ryan H 3,812]

***Duplicate threads merged; please refrain from starting multiple threads on the same topic. The post below by Nich-Nick explains why this thread was placed in the AOS from Work, Student, & Tourist Visas forum.***

I believe it was moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum because you will abandon your CR1 visa quest and start over. The current forum where you have re-posted is Adjustment of Status from Family Based Visas. He won't be adjusting from a family based visa either which is basically the K visa folks.

His new plan falls under "Adjustment of Status from Work, Student, & Tourist Visas" because he plans to adjust status from VWP. The process is the same as from tourist visa because the (new) I-130 will be sent concurrently with the adjustment of status forms and documentation.

I think you need to formally withdraw your current process before launching another. Not certain so don't do anything based on what I "think". I wanted to explain why your post was moved correctly.

[Harpa Timsah 13,258]

You can file a I-485 package now; include a copy of your NOA2 from the I-130. I am not sure if they will take your I-130 out from NVC since you have started down that path, or if you would have to file an additional form.

It is more expensive to do this; the I-485 package is $1070.

Check out the guides section, and find the guide for "spouse inside the US" and then do the I-485 part and include a copy of the NOA2 from the I-130 part, which you already did.

[Hypnos 6,576]

USCIS will request the approved I-130 back from the NVC themselves if you pursue the AoS route. You should have no further contact with the NVC if you choose to go down this path, other than telling them you're now filing for adjustment of status if they ask.