Getting Medical and Interview in US rather than foreign Embassy/Consulate

[burmel 34]

I am the Applicant for a CR1 Visa.  Our Petition was approved by USCIS in May of 2020 and we have recently been DQ'd at NVC.  While uncertain, it appears the wait for an interview at the Consulate abroad could be up to 6 mos or more.  Does anyone know of any procedure to wait in the US and get a medical and interview by USCIS here.  Is the Adjustment of Status a way ? In hindsight a K3 may have been better.  It is too late to apply for a K3 Visa now ?  Would that obviate all the effort to this date ?

[geowrian 22,338]

Where are you physically located right now?

 

Edit: K-3 is not possible right now for 2 reasons:

1) Your I-130 is already approved. If the approved I-129F reaches NVC at the same time or after the matching I-130, the I-129F is administratively closed.

2) K-3 is obsolete...only 5 were issued last fiscal year.

Edited August 15, 2020 by geowrian

[burmel 34]

I am visiting the US but currently on a visitors visa.  I cannot stay 6 more months.

[geowrian 22,338]

6 minutes ago, burmel said:

I am visiting the US but currently on a visitors visa.  I cannot stay 6 more months.

You have 2 options then:

 

1) File for Adjustment of Status (AOS). This is basically starting over, but you can remain in the US while your case is pending. You would get a green card in the US instead of an immigrant visa abroad.

You cannot work without an EAD or green card. You can file for an EAD via an I-765 alongside the I-485 (AOS) application. Expect an EAD to take 6+ months at this time.

You cannot travel abroad without AP. If you do, your AOS case will be abandoned, and you likely won't be admitted back to the US without anything but an immigrant visa. You can file for AP via an I-131 alongside the I-485 (AOS) application. Expect AP to take 6+ months at this time.

The green card interview itself will depend on local field office. Many are taking over a year. Some are taking over 18 months. A few are taking less time.

 

2) Continue on the existing process to get an immigrant visa abroad.

 

Both options are valid.

Edited August 15, 2020 by geowrian

[burmel 34]

Thank you.  I am retired and have no need nor requirement to work in the US so that simplifies things slightly.  Thank you for your advice.  I thought that was an option but you have very clearly laid out the pros and cons.  Thanks again.

[geowrian 22,338]

* Moved to AOS From Work, Student, and Tourist Visas from K-3 P&P forum. OP is asking about being able to do AOS instead of consular processing. *