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Change of status filed in US. Can we change to home country [merged threads]

By Bob44 in Adjustment of Status from Work, Student, & Tourist Visas

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Bob44 Apprentice

Bob44   12

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Filed: IR-1/CR-1 Visa Country: Colombia
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Hi there,

 

This seems like an obscure question. We were married in May of 2023 and my wife has been on a student visa several times here in the US. 
 

We filed for a change of status in June and she already has done her biometrics. 
 

Sadly, her father was just diagnosed with cancer in Colombia. It might be short and it might be long but it’s terminal.
With the wait times here seemingly endless (we have an attorney), is it even possible to get permission to leave and re-apply or shift her app to her home country of Colombia while caring for him? Are there any options others than starting over? 
 

thanks!

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Timona Experienced

Timona   4,207

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She can leave. But she had to start from scratch via consulate in Bogota. Or stay and wait till she gets AP, if you applied for one. If current trends continue, she may get AP soon but if not, you're looking at 8 months to get AP.

 

Your choice. 

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Verrou Proficient

Verrou   1,962

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36 minutes ago, Timona said:

She can leave. But she had to start from scratch via consulate in Bogota. Or stay and wait till she gets AP, if you applied for one. If current trends continue, she may get AP soon but if not, you're looking at 8 months to get AP.

 

Your choice. 

Did they start to give AP nowdays ? Thought they only give EAD and put AP in the back burner these days. 
 

8 months she probably will get the GC 

Edited by Verrou
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Timona Experienced

Timona   4,207

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25 minutes ago, Verrou said:

Did they start to give AP nowdays ? Thought they only give EAD and put AP in the back burner these days. 
 

8 months she probably will get the GC 

 

There was a report here that someone got AP recently 

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Boiler Grand Master

Boiler   45,486

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You could seek to expedite AP with his medical records.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Mike E Grand Master

Mike E   11,739

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3 hours ago, Bob44 said:

shift her app to her home country of Colombia while caring for him? 

Standard procedure is to file I-824.

 

However if I-130 has not been approved yet, I have seen a case where the I-130 was  successfully amended to consular processing.

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Bob44 Apprentice

Bob44   12

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We have heard stories of AP happening quickly if the work permit is slow. We also heard from our attorney we can ask for an emergency AP to visit for a month but that would delay the full AP until we actually go the green card. What a messed up process we have. Draconian. 

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Bob44 Apprentice

Bob44   12

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FYI. We received our EAD in six weeks but when it came there was no AP. Our attorney advised us we could change to consular processing. Good move as both parents are sick and we need to be here in Colombia for an extended period to care for them.

 

We notified USCIS of our desire to change to consular processing. She said they don’t say anything til the interview. So now we are about 2.5 months into the process and will be doing it from here in Colombia. The wait times confuse me. Any idea what we might be looking at time-wise assuming we did everything correctly?

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Boiler Grand Master

Boiler   45,486

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End of next year?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Bob44 Apprentice

Bob44   12

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Hi there,

 

My wife’s parents were very ill so we switched our green card process from in the US to the consular process in Colombia. 
 

Our US lawyer insists we don’t need to change our address but online it says we must. How will the consulate notify us of an interview? She received her EAD two months ago and our lawyer says we will get no notification of our letter telling them we are switching. Only an interview notification. But how will they notify us? 
 

thanks!

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Crazy Cat Grand Master

Crazy Cat   41,845

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How are you "switching" to consular processing?  Yes, I would submit an address change. 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Bob44 Apprentice

Bob44   12

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1 hour ago, Crazy Cat said:

How are you "switching" to consular processing?  Yes, I would submit an address change. 

Our lawyer sent letters to the USCIS. She said it is okay if our application hasn’t been accepted yet. 

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  • Chancy changed the title to Change of status filed in US. Can we change to home country [merged threads]
SalishSea Grand Master

SalishSea   17,827

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On 10/19/2023 at 9:07 AM, Bob44 said:

Our lawyer sent letters to the USCIS. She said it is okay if our application hasn’t been accepted yet. 

That doesn't sound right.  

 

What makes you think the application hadn't been accepted?  Accepted just means received and not rejected, a process that happens a week after you mail it.

 

I have never heard of requesting a change to consular processing by sending a letter to USCIS.  I think you would have to use an I-824. 

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