AOS and i130 - mistake on i130

[Magda M 9]

CR1 visa- me and my husband got our i130 accepted two weeks ago. We received the approval notice stating that from our form it looks like I am in us and want to adjust my status here. We made a mistake on our application and filled out the adjustment of status box so they thought that we wanted to do AOS from here from the beginning, this was our very silly mistake. I have been here for 3 months now and due to covid 19 I will probably stay for another 3 months. I have a valid visa until September. What can we do now to change our application so the i130 goes to NVC and how long will it take? Is it better for us to just do adjustment of status? If we decide to do AOS what forms do we have to fill out and how do we let them know that i130 has already been approved? Any help will be appreciated. 

[Wuozopo 4,293]

@magda monge
 

Since you did not come to the US as a tourist with the pre-planned intent to circumvent immigration procedures and skip the visa, you can adjust status. Stuff happens that changes plans. 
 

Normally those that entered on VWP or as tourists and decide to stay and adjust status, send the I-130 petition packet and adjustment of status packet all together. (Called concurrent Filing) In your case, a photocopy of the I-130 approval notice ought to serve as the I-130 mentioned in this kind of filing since you’ve already done an I-130 and been approved.You wouldn’t do another one.

 

This looks like a fairly decent thread helping somebody in a similar situation. (I think the guide for this on Visa Journey is a little weak ) Read through this https://www.visajourney.com/forums/topic/739169-married-on-a-tourist-visa/  and see if it helps. Note the references of the I-130 packet wouldn’t apply to you and would only be the approval notice referring to your previously submitted packet. 

 

Edited May 27, 2020 by Wuozopo

[Magda M 9]

3 hours ago, Wuozopo said:

@magda monge
 

Since you did not come to the US as a tourist with the pre-planned intent to circumvent immigration procedures and skip the visa, you can adjust status. Stuff happens that changes plans. 
 

Normally those that entered on VWP or as tourists and decide to stay and adjust status, send the I-130 petition packet and adjustment of status packet all together. (Called concurrent Filing) In your case, a photocopy of the I-130 approval notice ought to serve as the I-130 mentioned in this kind of filing since you’ve already done an I-130 and been approved.You wouldn’t do another one.

 

This looks like a fairly decent thread helping somebody in a similar situation. (I think the guide for this on Visa Journey is a little weak ) Read through this https://www.visajourney.com/forums/topic/739169-married-on-a-tourist-visa/  and see if it helps. Note the references of the I-130 packet wouldn’t apply to you and would only be the approval notice referring to your previously submitted packet. 

 

Thank you for all this information. Do you have any idea how long will i824 take if we decide to file that form and send our case to Nvc? 

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.