Should we switch from consular processing to AOS?

[mj_1109 0]

My husband and I have been together for 3 years, married for 1 year. I am from the Philippines and he is a US citizen. We filed I-130 in June 2024.

 

I am currently in the US visiting him for 7 weeks (B2 visa) and on extended leave from work. This is my 3rd time coming here, first time as his wife. We got married last year on my 2nd visit but left shortly after for my job. When I entered the US this time, they put me through second screening, asked if we already filed a petition, and was told it is important that I go back home and continue the process there. The first 2 times I visited was smooth, I was coming in from the UK as I used to work there. I have a clean record and no history of overstay in any of the countries I've visited before.

 

When I came here, my intention was really to just visit and come back. I have a return flight booked, didn’t bring a lot of important documents and belongings, only on leave from my job. Now that we’re together, we’re really dreading the day we’ll be apart again and counting down the days. I didn’t know you could switch to AOS after already starting consular processing and just found out now that we’re looking if there is an option to stay together. Continuing the process in PH will take roughly 2 more years. We’ve been in LDR from the beginning of our relationship.

 

This is probably the last time I’m visiting as a tourist as I really don’t want to risk getting denied entry. Is it possible for me to adjust status despite what they told me at the border? Is it going to affect my application negatively? Or should I just go home? We have a pretty straightforward case so I don't want to complicate anything. We just want to know if it is even an option without risking denial. We used SimpleCitizen when we filed and have a consultation we haven’t used so we might ask an attorney, but just wanted to hear from anyone with the same experience. Thanks!

[appleblossom 2,488]

Just now, mj_1109 said:

When I entered the US this time, they put me through second screening, asked if we already filed a petition, and was told it is important that I go back home and continue the process there.

 

This would mean I wouldn't contemplate taking the risk and trying to stay personally. Presumably they questioned you and you told them you were planning on going back? 

[Crazy Cat 41,846]

58 minutes ago, appleblossom said:

 

This would mean I wouldn't contemplate taking the risk and trying to stay personally. Presumably they questioned you and you told them you were planning on going back? 

That's where I am leaning, too.  Ordinarily, it wouldn't be an issue.  However, the only case I can recall being denied at the adjustment of status interview for misrepresentation happened exactly as the OP described.  The person was accused of misrepresentation due to specific statements she made during a secondary CBP interview regarding her intent.  

Edited September 30 by Crazy Cat

[mj_1109 0]

1 hour ago, appleblossom said:

 

This would mean I wouldn't contemplate taking the risk and trying to stay personally. Presumably they questioned you and you told them you were planning on going back? 

Yes, the first officer asked me most of the questions. On second screening, the officer just asked me if I already have a petition filed. I told them I did and was going back to continue the process.

 

34 minutes ago, Crazy Cat said:

However, the only case I can recall being denied at the adjustment of status interview for misrepresentation happened exactly as the OP described.  The person was accused of misrepresentation due to specific statements she made during a secondary CBP interview regarding her intent.  

Thanks, that's helpful to know. I wouldn't want to risk it if that's the case. I couldn't find much information about others with the same case.

[SteveInBostonI130 3,434]

There was a poster who tried to adjust status from her student visa.  She married a US citizen, filed I-130 and I-485.  USCIS denied her adjustment based on something from her entry to the US and what was told/discussed with CBP.

 

I would not risk it, in OP's case.

 

[Crazy Cat 41,846]

1 minute ago, SteveInBostonI130 said:

There was a poster who tried to adjust status from her student visa.  She married a US citizen, filed I-130 and I-485.  USCIS denied her adjustment based on something from her entry to the US and what was told/discussed with CBP.

 

I would not risk it, in OP's case.

 

I'd be interested in seeing that one if you can find it.  Thanks.

[Marieke H 2,498]

Other than the tricky situation with your recent entry, keep in mind that there is no "switching". You would need to submit a new application, with new fees. On top of that, you will not be allowed to work or leave the country until you have your EAD/AP or green card. Many people think they want to stay and apply for AOS so they won't be separated again, but they don't realize how miserable the long wait can be, in a new country where you have no social network, while your spouse will be working to provide for both of you.

[SteveInBostonI130 3,434]

5 hours ago, Crazy Cat said:

I'd be interested in seeing that one if you can find it.  Thanks.

 

It was a post from about a year or two ago.  I tried to find it by going through all the posts I've read in Adjusting from Student Visa, Visa Waiver and General Immigration forum topics with no luck.

[Vegas i-751 66]

7 hours ago, mj_1109 said:

Yes, the first officer asked me most of the questions. On second screening, the officer just asked me if I already have a petition filed. I told them I did and was going back to continue the process.

 

Thanks, that's helpful to know. I wouldn't want to risk it if that's the case. I couldn't find much information about others with the same case.

I would go home and continue the process. Like others said, it’s not ordinarily an issue, however fact you stated you were going back I’d don’t know if I’d risk AOS. Could be nothing but I’m rather play it safe. 

 

You do touch on separation and we’ve all been there. Time isn’t forever and trust me you’ll think back in a few years time and think the separation was minuscule. Good luck and do what you feel is best for you. 

[Cathi 5,748]

You told the CPB officer you would be going home, and that's exactly what you should do. Why would you even risk AOS?