Consular Processing to Adjustment of Status

[Michelle_VM 84]

Is it possible to change from consular processing to adjustment of status if we get a visitor visa or work permit and file I-485? Any knowledge or experience on the subject would be much appreciated. Thank you! (Husband immigrating from Canada) 

[JFH 12,191]

No. It’s fraudulent and illegal to enter the US as a visitor with the intention of adjusting status. 

[Michelle_VM 84]

7 minutes ago, JFH said:

No. It’s fraudulent and illegal to enter the US as a visitor with the intention of adjusting status. 

Even with an approved I-130?

[Liam2021 587]

Your I-130 already approved, and I'm understand you want your spouse with you ASAP. However, with your I-130 approved, the intention is clearly you will AOS after using B1/B2 or ESTA. Please do it in a "legal" ( consular processing) ways. By doing it legally, you will avoid trouble if anything occur in the future.

[belinda63 3,041]

Yes. If there is any doubt in your  mind truthfully answer when asked at the POE how long you intend to stay. Once you tell them you plan on applying to change status to an LPR you will be on the next plane back home. And if you lie you can be denied AOS and banned for misrepresentation.

[Michelle_VM 84]

1 minute ago, belinda63 said:

Yes. If there is any doubt in your  mind truthfully answer when asked at the POE how long you intend to stay. Once you tell them you plan on applying to change status to an LPR you will be on the next plane back home. And if you lie you can be denied AOS and banned for misrepresentation.

Thanks everyone, of course we have every intention of only doing things in a legal way. 

[Michelle_VM 84]

2 minutes ago, H&T said:

Your I-130 already approved, and I'm understand you want your spouse with you ASAP. However, with your I-130 approved, the intention is clearly you will AOS after using B1/B2 or ESTA. Please do it in a "legal" ( consular processing) ways. By doing it legally, you will avoid trouble if anything occur in the future.

Thanks for your help, of course we will only do things in a legal way, I was wondering if that was legal I am living with my husband and our children in Canada but by the time we move it will have been 2 years since applying, so I was wondering if there was another option that I wasn't aware of. It sounds like we need to wait it out. Thanks again. 

[LilyJ 1,258]

25 minutes ago, Michelle_VM said:

Even with an approved I-130?

Yes, it is fraud, even with an approved I130

[Hawk Riders 814]

41 minutes ago, Michelle_VM said:

Thanks for your help, of course we will only do things in a legal way, I was wondering if that was legal I am living with my husband and our children in Canada but by the time we move it will have been 2 years since applying, so I was wondering if there was another option that I wasn't aware of. It sounds like we need to wait it out. Thanks again. 

Would direct consular filing apply to your situation?

[designguy 1,179]

11 minutes ago, Hawk Riders said:

Would direct consular filing apply to your situation?

The are not talking about DCF they are talking about consular processing. This is what every visa applicant goes through

Edited January 13, 2020 by designguy

[Hawk Riders 814]

3 minutes ago, designguy said:

The are not talking about DCF they are talking about consular processing. This is what every visa applicant goes through

Yes, I am aware of the difference. 

The query was for the OP, presenting a possible avenue for exploration since the USC is living abroad.

[designguy 1,179]

Just now, Hawk Riders said:

Yes, I am aware of the difference. 

The query was for the OP, presenting a possible avenue for exploration since the USC is living abroad.

The I-130 is approved so you are suggesting they resubmit a petition? DCF is to submit an I-130 directly to the embassy rather than USCIS. They are past this stage. DCF would be pointless

[Hawk Riders 814]

34 minutes ago, designguy said:

The I-130 is approved so you are suggesting they resubmit a petition? DCF is to submit an I-130 directly to the embassy rather than USCIS. They are past this stage. DCF would be pointless

...this couple's timeline lists USCIS DCF I-130 as the peition they are pursuing; perhaps it is an erroneous selection...

[LilyJ 1,258]

49 minutes ago, Hawk Riders said:

...this couple's timeline lists USCIS DCF I-130 as the peition they are pursuing; perhaps it is an erroneous selection...

Some people set their profiles as “DCF” unknowing what “DCF” actually is; either way the I130 has already been approved so DCF or not they’re past that point already and must continue through consular processing 

[Just Paul 4,595]

2 hours ago, Michelle_VM said:

Is it possible to change from consular processing to adjustment of status

According to your timeline you are at the NVC? If so you just need to complete that to get to the consulate.