Change from Consular Filing to Adjustment of Status

[Tesco 70]

Our case is at the NVC where I check in regularly to ensure it doesn’t age out.

My question is:

Can we switch from the NVC to USCIS processing stateside? Can my beneficiary spouse enter the U.S. on a visa waiver, I submit the I-485 and then she stays until her adjustment of status is complete? Would CBP allow entry on these grounds? It sounds an easy process, but I’m sure it’s probably not allowed.

I’d appreciate anyone’s thoughts or advice, especially if you have first hand knowledge.

[Pleasework89 47]

Oops sorry, I missed the part of the NVC. Nevermind. Ignore this comment

Edited May 30, 2022 by Pleasework89
Reread post

[JeanneAdil 6,498]

Planning to do this is immigration fraud

[Crazy Cat 41,845]

2 hours ago, Tesco said:

Can my beneficiary spouse enter the U.S. on a visa waiver, I submit the I-485 and then she stays until her adjustment of status is complete? Would CBP allow entry on these grounds?

Nope.  Entering the US as a visitor with the intent to stay and adjust status is immigration fraud & misrepresentation.  It could result in removal, a lifetime ban. 

 

***The terms of service for Visa Journey prohibit us from discussing this any further****

[Tesco 70]

10 minutes ago, Crazy Cat said:

Nope.  Entering the US as a visitor with the intent to stay and adjust status is immigration fraud & misrepresentation.  It could result in removal, a lifetime ban. 

 

***The terms of service for Visa Journey prohibit us from discussing this any further****

I had read from: https://citizenpath.com/adjustment-status-vs-consular-processing/#:~:text=How do I switch from,to Adjust Status with USCIS.

'If you initially selected consular processing on your immigrant petition (Form I-130), you may file the adjustment of status application anyway. Provided you are eligible to adjust status, file Form I-485, Application to Adjust Status with USCIS. USCIS will recall the case from the National Visa Center.'

 

Oh well thought it seemed too good, even despite having an approved I-130.

 

Further reading on the 90 day rule: https://citizenpath.com/90-day-rule-adjusting-status/

Edited May 30, 2022 by Tesco

[Crazy Cat 41,845]

11 minutes ago, Tesco said:

I had read from: https://citizenpath.com/adjustment-status-vs-consular-processing/#:~:text=How do I switch from,to Adjust Status with USCIS.

'If you initially selected consular processing on your immigrant petition (Form I-130), you may file the adjustment of status application anyway. Provided you are eligible to adjust status, file Form I-485, Application to Adjust Status with USCIS. USCIS will recall the case from the National Visa Center.'

 

Oh well thought it seemed too good, even despite having an approved I-130.

 

Further reading on the 90 day rule: https://citizenpath.com/90-day-rule-adjusting-status/

Adjustment of Status is not available to you.  End of story.

 

/end thread

[powerpuff 6,697]

The link also states “Generally, traveling to the U.S. on a nonimmigrant visa with the preconceived intent of adjusting status will violate the terms of the visa. There are exceptions for certain visas.”

 

The exceptions are visas that have dual intent such as certain work visas. Visitor visas do not fall under that so yes, it is immigration fraud.

 

12 minutes ago, Tesco said:

Further reading on the 90 day rule: https://citizenpath.com/90-day-rule-adjusting-status/

The 90 day rule is only applicable to consular processing as that’s a Department of State rule, not USCIS. 

[Tesco 70]

Thank you everyone...

[Crazy Cat 41,845]

Just now, Tesco said:

Thank you everyone...

Good luck.  Hopefully,  NVC will schedule your interview soon.

[TBoneTX 45,284]

Thread is locked for reasons stated.