Changing from consular processing to adjustment of statud

[AyoIR 6]

Does any one have experience changing from consular processing to Adjustment after being documentarily qualified? My wife is unable to return to her home country for her visa interview, because her country’s borders are closed. She is in the US visiting me. While visiting our i130 was approved and we were DQ’d at the NVC. However because her country is not letting anyone in, we have to adjust. Can some give advice on their experience please? TIA

[Ryan H 3,812]

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

[SteveInBostonI130 3,408]

Trinidad and Tobago does allow citizen and residents to return:

 

Quote

Only returning nationals and residents are allowed to enter Trinidad and Tobago, and are subject to the following entry requirements:

• From 15 November, nationals entering Trinidad and Tobago will be required to provide a negative PCR test result taken within 72 hours of arrival into the country
• Upon arrival, nationals will be placed in state quarantine or state-supervised quarantine for 7 days. People will be tested on the 6th of their quarantine and released once they test negative.

 

There have been flights from USA to POS (port of spain) airport:

 

https://www.airportia.com/flights/m6861/miami/port_of_spain/?date=2021-05-01

 

 

The flights are limited, but they do occur.

 

 

 

[AyoIR 6]

4 hours ago, SteveInBostonI130 said:

Trinidad and Tobago does allow citizen and residents to return:

 

 

There have been flights from USA to POS (port of spain) airport:

 

https://www.airportia.com/flights/m6861/miami/port_of_spain/?date=2021-05-01

 

 

The flights are limited, but they do occur.

 

 

 

In order to return one must apply for an exemption. Including citizens and residence. That process is insane. Their are citizens who applied and locked out of their own country for a year and close to a year. We have been waiting on one for for 4 months and nothing. You cannot book any flights or enter unless you have an exemption. If one attempts to book a chartered flight or private jet they will not be allowed in unless and exemption was granted. Those are not granted in a timely or orderly manner.

[Chancy 6,241]

9 hours ago, AyoIR said:

Does any one have experience changing from consular processing to Adjustment after being documentarily qualified?

 

If I remember correctly, @Duke & Marie and @portorusa got caught in similar situations due to COVID travel concerns.

 

[SteveInBostonI130 3,408]

3 hours ago, AyoIR said:

In order to return one must apply for an exemption. Including citizens and residence. That process is insane. Their are citizens who applied and locked out of their own country for a year and close to a year. We have been waiting on one for for 4 months and nothing. You cannot book any flights or enter unless you have an exemption. If one attempts to book a chartered flight or private jet they will not be allowed in unless and exemption was granted. Those are not granted in a timely or orderly manner.

 

If you have evidence of that,  then you can try to AOS.  Explain the situation in detail with the evidence on your application.

 

Simply stating that she cannot return because borders are closed is not accurate, because they do allow certain people to return.

[Duke & Marie 1,389]

12 hours ago, AyoIR said:

Does any one have experience changing from consular processing to Adjustment after being documentarily qualified? My wife is unable to return to her home country for her visa interview, because her country’s borders are closed. She is in the US visiting me. While visiting our i130 was approved and we were DQ’d at the NVC. However because her country is not letting anyone in, we have to adjust. Can some give advice on their experience please? TIA

Happened to me last year...it’s pretty straight forward just file AOS/EAD etc don’t worry about the consulate, USCIS will request your file be transferred back to the US as part of AOS

 

in the meantime if the consulate emails her with interview date just respond saying due to unforeseen circumstances she’s now applying for AOS from within the us and will no longer need to schedule the interview via the consulate.. 

[Duke & Marie 1,389]

1 hour ago, SteveInBostonI130 said:

 

If you have evidence of that,  then you can try to AOS.  Explain the situation in detail with the evidence on your application.

 

Simply stating that she cannot return because borders are closed is not accurate, because they do allow certain people to return.

You don’t need any evidence about flights or being locked out, I just did my AOS interview and there was zero request for anything associated with why I filed.. she just needs to be in the US currently in order to file and be in a valid relationship... since i130 has already been approved there isn’t an issue with that

Edited May 3, 2021 by Duke & Marie

[mushroomspore 3,044]

2 hours ago, SteveInBostonI130 said:

 

If you have evidence of that,  then you can try to AOS.  Explain the situation in detail with the evidence on your application.

 

Simply stating that she cannot return because borders are closed is not accurate, because they do allow certain people to return.

They don't need to prove that she can't return to her country and that that's the reason for AOS. They only need to prove a bonafide marriage. The interviewer may ask why they decided to AOS, but it's unlikely. If asked, they need to be honest. But the AOS application itself does not require proof of why they decided to do it.

Edited May 3, 2021 by mushroomspore

[portorusa 431]

Yes, we had to switch to AOS from Consular processing. At the time my husband had already done his interview for IR-1 in his home country, was placed in AP and while waiting decided to visit me in USA. That’s when corona arrived and we had to apply for AOS. It was like starting all over again. We notified the Consulate in Paris about withdrawal of Spousal visa application and explained why. The hardest part was waiting for the interview here and for husband not being able to work in USA without documents.  We waited for 6 long months. But the I-485 interview went smoothly, and the green card arrived in the mail 7 days later.

Good luck!

[Crazy Cat 41,636]

3 hours ago, SteveInBostonI130 said:

 

If you have evidence of that,  then you can try to AOS.  Explain the situation in detail with the evidence on your application.

 

Simply stating that she cannot return because borders are closed is not accurate, because they do allow certain people to return.

No explanation is needed.  A change of plans is legal if there was no intent when entering the US.  

[KAP2019 187]

You're definitely allowed to switch to AOS! I came to visit my husband in March 2020 while waiting on consular processing. We were DQ in April 2020. Montreal consulate in Canada closed and there was no movement. My return flight was cancelled, but I also decided to stay and wait out the closures for a bit. In June, we decided to file for AOS. It felt like starting over, but it allowed us to be together.

I was worried about questions regarding intent at the AOS interview, but it didn't even come up. Our interview was straightforward and I now have my GC. 

Just have to consider cost and waiting times with AOS. It's tough being unemployed and unable to get a driver's license, etc. while waiting. But you'll be together!

Good luck.

[Crazy Cat 41,636]

10 minutes ago, KAP2019 said:

I was worried about questions regarding intent at the AOS interview, but it didn't even come up. Our interview was straightforward and I now have my GC. 

This an extremely important, yet commonly unknown fact.  There is a great deal of fear out there about having to "prove" there was no prior intent.....yet, the subject never comes up during an adjustment interview.  Thanks for sharing....

Edited May 3, 2021 by Lucky Cat

[retheem 564]

16 hours ago, AyoIR said:

Does any one have experience changing from consular processing to Adjustment after being documentarily qualified? My wife is unable to return to her home country for her visa interview, because her country’s borders are closed. She is in the US visiting me. While visiting our i130 was approved and we were DQ’d at the NVC. However because her country is not letting anyone in, we have to adjust. Can some give advice on their experience please? TIA

You are already here, that's one half of the journey done. Just file I--485 +1-765 +1-131; and relax, you won't be deported.

[Cristina280390 60]

On 5/2/2021 at 10:19 PM, AyoIR said:

Does any one have experience changing from consular processing to Adjustment after being documentarily qualified? My wife is unable to return to her home country for her visa interview, because her country’s borders are closed. She is in the US visiting me. While visiting our i130 was approved and we were DQ’d at the NVC. However because her country is not letting anyone in, we have to adjust. Can some give advice on their experience please? TIA

Hello, I had a similar experience than yours. Ill copy paste part of a message that I send someone else who asked me about this as well:

 

In January 2020, while I was in the US with a tourist visa,  the NVC created the case and in early February we upload all forms. March 2020 and Peru, my country, closes all borders indefinately. It was about two week before my return flight was scheduled. I still had my B2 visa valid till June so we decided to wait and see how pandemic and NVC progressed. April 2020 we receive an RFE asking for documents that I could only obtain in person in my country, which had all non-essential instituions closed, so no way I was going to get them even if I managed to get a flight there. At the same time, we spoke to 2 lawyers about the best way to proceed and both told me to stay and file AOS, since I have extensive evidence that I had no immigrant intent at my time of arrival (NVC receipts, return ticket, I had change interview consulate from Germany to Peru, closure of borders, proof of signing up with the Peruvian Consulate for Assistance). I contacted NVC to let them know I was changing process to AOS and I am waiting for my green card to be granted, I just had my biometrics earlier this week and I am waiting for my EAD and AP.