Help!! Switch from Consular processing to AOS

[Riobamba 0]

Hello all in this community and please delete this post if it’s against the rules. 
 

I am a US Citizen who filed an immigrant visa petition for my mom who, at the time, lived in Ecuador. I filed the I-130 in December of 2021. 
 

My mom was diagnosed with cancer a few years ago and she has been winning many little battles. She came to visit me and my kids in November of 2022 with her tourist visa. She was supposed to stay with us for a few weeks and return to Ecuador. We received the approval of the I-130 on March 6, 2023 and instructions on how to continue the process with the NVC and US embassy in Ecuador through CEAC. 
 

However, my mom’s health is now severely deteriorated. We’ve been rushing to the ER a few times since early March and MRI after MRI we were told that the cancer has reached her lungs and the doctors indicated that she cannot travel by plane.. anymore. We are devastated and worried about the time we have with her. On top of this, while she is trying to focus on the medical treatment options we are worried about her status in the US. We are not sure if it’s prudent to extend her tourist visa status or switch from Consular processing to Adjustment of Status because her authorized stay under the tourist visa expires in May of 2023. 
 

Any recommendations you may have will be greatly appreciated. 

 

[Crazy Cat 41,874]

I am sorry to hear this.  She can file an I-485, to adjust status and stay.  Include a copy of the I-130 receipt notice with the package.  I would try to file it before her I-94 expires.  Good luck.

Edited April 23, 2023 by Crazy Cat

[Crazy Cat 41,874]

****I am moving this thread to the Adjustment of Status from Work, Student, and Tourist Visas forum****

Edited April 23, 2023 by Crazy Cat

[Riobamba 0]

Thank you so much for your help. We filled out the 485, 864, 765 and included a copy of the approved 130 and medical 693. How do we inform NVC of this change? Do we have to send a letter in the mail or is the notification sent via CEAC?

[milimelo 4,481]

3 hours ago, Riobamba said:

Thank you so much for your help. We filled out the 485, 864, 765 and included a copy of the approved 130 and medical 693. How do we inform NVC of this change? Do we have to send a letter in the mail or is the notification sent via CEAC?

There's a public inquiry form on NVC website to send in questions. 

[Snirgeu 10]

On 4/27/2023 at 10:04 AM, Riobamba said:

Thank you so much for your help. We filled out the 485, 864, 765 and included a copy of the approved 130 and medical 693. How do we inform NVC of this change? Do we have to send a letter in the mail or is the notification sent via CEAC?

Hi, 

 

We recently adjusted after the i130 was already sent to NVC.

 

We contacted the NVC through the public inquiry and they said that they won't send the i130 back to uscis preemptively but will only do so after uscis requests it. 

 

In any case, we just had the adjustment approved, while the i130 status is still "case was sent to the state department."

 

So it seems like they are doing it on their own and perhaps it does not require anything since the i130 was filed online and uscis still has access to it from the online account. 

 

All this is to say, don't stress about having uscis recall the petition from the NVC. I stressed about it and contacted both uscis and NVC and in the end they just approved the 485 when they were ready to adjudicate it.