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

[Ho_and_Ka 3]

5 minutes ago, Mike E said:

Every non immigrant visitor is presumed to have immigration intent. Her word that she intends to file I-485 will be accepted by the CBP officer. And over 99 percent of the time, the officer will suggest she withdraw her application to  enter the U.S.  (or worse).

 Yea I won't take the chance being the 1%

 

12 minutes ago, Mike E said:

https://www.visajourney.com/timeline/irstats.php?history=90
 

311 days between I-130 approval and interview.

 

Japan might be faster. They is just one

record for Japan in the last 90 days, and it is 132 days. 
 

For the past year, for Japan it is 5 cases averaging 124 days.

Thank you for the information

[appleblossom 2,349]

8 hours ago, Ho_and_Ka said:

 Yea I won't take the chance being the 1%

 

Thank you for the information

This thread may be useful - 

 

 

Not many recent cases but gives you an idea at least, seems the wait isn’t too bad at all. 

[Dashinka 24,418]

10 hours 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.

 

While I agree with everyone else that she cannot follow the AOS path since she is not currently in the US, and even if it was available, it makes no sense to switch given the stage of the current process.  She certainly can visit in order to get out of a bad situation if you can swing it financially.  I think the AirBnB would be the first choice, but if that is difficult, she can come to the US as a visitor to get out of the situation and then you can set up the AirBnB and she can go back and wait for the interview.  There is still always a chance CBP will not allow her in, but it is a viable option.  The main thing is that you get your family safe at this point.

[Calicolom 265]

11 hours 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.

 

Everyone Has problems, right before moving to the USA.

[Jmsamonte 2]

15 hours ago, Ho_and_Ka said:

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🙏

 

How long did you get your NVC 

[SalishSea 17,753]

14 hours ago, Ho_and_Ka said:

I agree. If that is the approach to change the IR-1 process to an AOS process, that is too risky.

 

If there was some sure-fire way, then that would be a different story.

If so, everyone would do that.   

[Redro 4,611]

15 hours ago, Ho_and_Ka said:

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

I’m aware of Japan timelines because I spend my time reading posts from OP’s with a Japanese beneficiary. For some reason a lot of people out of Japan don’t update their timelines so I’m going off memory. 
Here is a timeline from earlier this year… 

https://www.visajourney.com/timeline/profile.php?id=418794

and here is a thread for “all Japanese filers”…

 

[Cathi 5,742]

14 hours ago, Ho_and_Ka said:

 to take a chance at having them denied.

 

 

It is not a chance, it's a definite. They WILL be denied entry. Period. End of story.

Entering the U.S. with a visitor visa with the INTENT to stay and adjust status, is immigration fraud.

[Ho_and_Ka 3]

19 hours ago, appleblossom said:

This thread may be useful - 

 

 

Not many recent cases but gives you an idea at least, seems the wait isn’t too bad at all. 

Thank you this is very helpful!

Edited June 27, 2023 by Ho_and_Ka

[Ho_and_Ka 3]

13 hours ago, Redro said:

 

 

Thank you. Wow this is really helpful. I even saw some people having their interview date moved up by requesting to have it moved up. That's great news. I will definitely request this too.

Edited June 27, 2023 by Ho_and_Ka

[Ho_and_Ka 3]

18 hours ago, Dashinka said:

While I agree with everyone else that she cannot follow the AOS path since she is not currently in the US, and even if it was available, it makes no sense to switch given the stage of the current process.  She certainly can visit in order to get out of a bad situation if you can swing it financially.  I think the AirBnB would be the first choice, but if that is difficult, she can come to the US as a visitor to get out of the situation and then you can set up the AirBnB and she can go back and wait for the interview.  There is still always a chance CBP will not allow her in, but it is a viable option.  The main thing is that you get your family safe at this point.

She just left on an ESTA two weeks ago. They allowed her to get in smoothly and leave just as smoothly. Is being able to leave for a day and come back the next day something that can be done with the US? I know other countries can allow that, but I imagine the US would not.

[Rita_90 0]

I recommend being patient. There are people saying it takes 3-4 months. After all of ours was accepted it took over a year to get the consular interview. 

[SalishSea 17,753]

On 6/27/2023 at 1:21 AM, Ho_and_Ka said:

She just left on an ESTA two weeks ago. They allowed her to get in smoothly and leave just as smoothly. Is being able to leave for a day and come back the next day something that can be done with the US? I know other countries can allow that, but I imagine the US would not.

ESTA privilege can and will be revoked if abused.