I-130 Approved! Can I change from IR-1 to AOS?

[Ho_and_Ka 3]

Hello all and thank you for your advice in advance.

 

My wife's I-130 got approved. We opted initially to go the IR-1 route, and have received an email from the NVC with her account number. We haven't submitted the DS-260, I-864, the medical examination (I-693), nor have we applied for her police records yet.

 

 

She is a Japanese National living in Japan right now, and I am a US Citizen living at my home address in the US. I am wondering, can she come to the US, and I submit a  I-485,  I-864,  I-765,  I-131, and do the medical examination (I-693) while in the US?🤔

 

 

I found posts like this
https://www.visajourney.com/forums/topic/762591-changing-from-consular-processing-to-adjustment-of-statud/

that show people who have adjusted status after their I-130 was approved, but it seems they have also submitted their DS-260 already and that they opted to go the AOS route due to cancelled flights from Covid. Since I have not submitted the DS-260 yet, I am wondering how my wife's situation can proceed from here?

 

 

Thank you all for your information in advance🙏

 

[PaulaCJohnny 713]

Are she in the US right now? If you answer is NO, so no, she cannot adjust status. 
 

Enter the US with the intent to adjust status it’s fraud. 
 

You will need wait like anyone else. 

Edited June 26, 2023 by PaulaCJohnny

[Ho_and_Ka 3]

No she is in Japan right now.

[PaulaCJohnny 713]

Just now, Ho_and_Ka said:

No she is in Japan right now.

She cannot. This is immigration fraud 

[Redro 4,611]

Just now, Ho_and_Ka said:

No she is in Japan right now.

Wife cannot visit US with the intention of adjusting. This is immigration fraud. 

[Ho_and_Ka 3]

Thank you all.

 

Just to reclarify, we have already had our I-130 approved. Does that make a difference?

[Lil bear 4,190]

1 minute ago, Ho_and_Ka said:

Thank you all.

 

Just to reclarify, we have already had our I-130 approved. Does that make a difference?

No 

[Redro 4,611]

1 minute ago, Ho_and_Ka said:

Thank you all.

 

Just to reclarify, we have already had our I-130 approved. Does that make a difference?

Why do you want to adjust status? Currently it will probably take 3-4 months before your wife is able to move to the US and she will have her green card upon entry. 

If she flies to the US and CBP 1.) knows she has an approved I-130 and 2.) is aware she wants to adjust she will be sent back to Japan.

You cannot travel to the US with the intention of adjusting status. Married to a U.S. citizen. Dating a US citizen. Approved I-130. No approved I-130. 

[Ho_and_Ka 3]

7 minutes ago, Redro said:

Why do you want to adjust status? Currently it will probably take 3-4 months before your wife is able to move to the US and she will have her green card upon entry. 

If she flies to the US and CBP 1.) knows she has an approved I-130 and 2.) is aware she wants to adjust she will be sent back to Japan.

You cannot travel to the US with the intention of adjusting status. Married to a U.S. citizen. Dating a US citizen. Approved I-130. No approved I-130. 

Well that's good to hear about the IR-1 process taking about 3-4 months.

 

She is currently have living issues with her roommates in Japan. I say issues, the cops had to get called after one of them tried to attack her and our son (her and I have a son who holds US Citizen/Japanese National passports). At this point, I want to get her back here asap, so I can protect my family.

 

My other thoughts are to have her live in a temporary living situation such as an Airbnb or something till we can get her and my son safe.

 

Immediately I thought, damn why not just bring them back here and we adjust status.

 

Edited June 26, 2023 by Ho_and_Ka
clarification

[Daphne . 1,852]

Just now, Ho_and_Ka said:

 

My other thoughts are to have her live in a temporary living situation such as an Airbnb or something till we can get her and my son safe.

 

Immediately I thought, damn why not just bring them back here and we adjust status.

 

Yes, best to get them to an Airbnb then. Hopefully her case will move through the NVC quickly and that she’ll have her interview soon as well, should be a few more months. 

[Redro 4,611]

4 minutes ago, Ho_and_Ka said:

Well that's good to hear about the IR-1 process taking about 3-4 months.

 

She is currently have living issues with her roommates in Japan. I say issues, the cops had to get called after one of them tried to attack her and our son (her and I have a son who holds US Citizen/Japanese National passports). At this point, I want to get her back here asap, so I can protect my family.

 

My other thoughts are to have her live in a temporary living situation such as an Airbnb or something till we can get her and my son safe.

 

Immediately I thought, damn why not just bring them back here and we adjust status.

 

Yes. Move her to an AirBnb for the rest of the process. It shouldn’t be that long. Check NVC processing times. I believe it is less than a month now. Then DQ to interview is about 2 months for Japan the last time I checked. 

[Ho_and_Ka 3]

11 minutes ago, Daphne . said:

Yes, best to get them to an Airbnb then. Hopefully her case will move through the NVC quickly and that she’ll have her interview soon as well, should be a few more months. 

Thank you.

 

8 minutes ago, Redro said:

Yes. Move her to an AirBnb for the rest of the process. It shouldn’t be that long. Check NVC processing times. I believe it is less than a month now. Then DQ to interview is about 2 months for Japan the last time I checked. 

Oh! I just checked and sure enough you are right, it's only a few weeks to review the DS-260 and supporting documents. Does DQ mean Domestic Qualification? 

 

Thank you everyone. We'll continue moving forward with our IR-1

[Redro 4,611]

4 minutes ago, Ho_and_Ka said:

Thank you.

 

Oh! I just checked and sure enough you are right, it's only a few weeks to review the DS-260 and supporting documents. Does DQ mean Domestic Qualification? 

 

Thank you everyone. We'll continue moving forward with our IR-1

Documentarily Qualified. It means NVC accepted all your documents and you are in line for interview. 

[Redro 4,611]

7 minutes ago, Ho_and_Ka said:

Thank you.

 

Oh! I just checked and sure enough you are right, it's only a few weeks to review the DS-260 and supporting documents. Does DQ mean Domestic Qualification? 

 

Thank you everyone. We'll continue moving forward with our IR-1

You don’t  really have a choice  

this is your only legal option. 

[Ho_and_Ka 3]

1 minute ago, Redro said:

You don’t  really have a choice  

this is your only legal option. 

haha of course. and DQ got it ✔️

 

Where did you find the information about CR-1 / IR-1 interview wait times?

 

I'm checking here, but I don't see family visa wait times

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html