Cr1 approval during ESTA visit

[orzxela 0]

Hello,

My wife and I filed our I-130 in August 2022 through consular processing as we are both in Korea. Our service center is Vermont. 
 

We are planning on a vacation to Hawaii, Las Vegas, and Los Angeles end of Feb/first week of March. Our trip will be for about 6-8 weeks.  We will be entering together and heading back to Korea together once the trip is over. I have a business in Korea and am paying rent for an apartment. 
 

My question is what would happen if our I-130 were to be approved while we were in the US? Would there be no problem? I have heard of some cases where USCIS would automatically change it to AOS and we would have to wait for the 485 to be approved and we would not be allowed to return overseas? 
 

Thanks in advance

[carmel34 3,620]

32 minutes ago, orzxela said:

I have heard of some cases where USCIS would automatically change it to AOS and we would have to wait for the 485 to be approved and we would not be allowed to return overseas?

This is not true, not sure where you heard this.  There will be no problem returning to Korea to complete the NVC and consular interview process if the I-130 is approved when you are visiting the US. The only potential issue would be that your wife's entry to the US could be questioned because a pending I-130 shows immigration intent.  It will be up to the CBP officer.  You should take evidence showing her strong ties to Korea (job, ownership of property, etc.).

Edited January 21, 2023 by carmel34

[Crazy Cat 41,811]

1 hour ago, orzxela said:

I have heard of some cases where USCIS would automatically change it to AOS and we would have to wait for the 485 to be approved and we would not be allowed to return overseas? 

Totally impossible.  Care to provide a link?

Edited January 21, 2023 by Crazy Cat

[Boiler 45,445]

Also intrigued as to how this could happen, how would they know where she is?

[Daphne . 1,852]

Even if USCIS approved the I-130, there are still 2 additional stages to complete (NVC and Embassy), so the journey is not over yet.

 

Applications don’t automatically change to AOS. 

Edited January 21, 2023 by Daphne .

[Chancy 6,241]

*** Moved from Bringing Family of USC forum to IR1/CR1 Process & Procedures ***

 

[pushbrk 12,870]

Hmm?  Automatically change to AOS with no input from the petitioner or beneficiary.  Their super sleuth database flags that the foreigner is in the USA, so they forbid them from leaving and force them to file an I-485 ++ and wait another year, IN THE USA.  Yeah, that will happen when pigs fly.