Switching from the consular processing to the adjustment of status

[Tom23421 4]

Good evening! 
• i130 was applied through consular processing by USC over a year ago and still hasn’t been approved, far way to an appointment date in embassy. 

•We both used to live together in my homeland but we decided to visit our family. I entered on ESTA (visa waiver). The return tickets were bought in advance. 

• My spouse wants us to remain here. I spoke with our attorney that we can switch from consular process to AOS. She said that I need to spend here at least 3 months, overstay my esta and than apply. I started doubting with this idea. Does it matter if I apply before or after my ESTA expires? 

• I have been thinking about applying for job authorization at the same time but she said that my AOS might be approved first cause of quantity of cases the USCIS has been facing with other applicants. 

• All of it makes me feel blue and I am kind of lost what to do. She also mentioned that if I go back to my country it can take up to a serval years to finally finish this immigration process. Is it true? I checked the website and an average processing time is about 16.5 months. 

Thank you for ANY support in this matter.

[Tom23421 4]

Good evening! 
• i130 was applied through consular processing by USC over a year ago and still hasn’t been approved, far way to an appointment date in embassy. 

•We both used to live together in my homeland but we decided to visit our family. I entered on ESTA (visa waiver). The return tickets were bought in advance. 

• My spouse wants us to remain here. I spoke with our attorney that we can switch from consular process to AOS. She said that I need to spend here at least 3 months, overstay my esta and than apply. I started doubting with this idea. Does it matter if I apply before or after my ESTA expires? 

• I have been thinking about applying for job authorization at the same time but she said that my AOS might be approved first cause of quantity of cases the USCIS has been facing with other applicants. 

• All of it makes me feel blue and I am kind of lost what to do. She also mentioned that if I go back to my country it can take up to a serval years to finally finish this immigration process. Is it true? I checked the website and an average processing time is about 16.5 months. 

Thank you for ANY support in this matter.

[Yareth 102]

Are you currently in the United States?

[Crazy Cat 42,547]

***Duplicate topics merged.  Do not repost***

[Tom23421 4]

30 minutes ago, Yareth said:

Are you currently in the United States?

Yes I have been staying here on Esta commonly known as a visa waiver 

[Crazy Cat 42,547]

**Topic moved to Adjustment of Status from Work, Student, and Tourist Visas***

[Daphne . 1,952]

If you’re already a year into your consular case, it shouldn’t take that much longer. After that, the NVC stage doesn’t take very long either and the wait time for the interview will depend on which country you are from. At this point it will likely not take ‘several years’ anymore. 
 

If this was me, I would not change to AOS this late in the game, it’s just not worth the downsides of AOS. 

Edited Monday at 03:42 PM by Daphne .

[Crazy Cat 42,547]

10 minutes ago, Tom23421 said:

Yes I have been staying here on Esta commonly known as a visa waiver 

There is no need to wait.  In fact, waiting until you are out of status would be a big mistake. However, consider the following:

 

Your I-130 is probably on the verge of being approved.  Then, it will, likely, be only a few months until your interview (depending on home country).  You would then enter the US as a Green card holder.

 

If you change to Adjustment of Status now, you cannot leave the US or work for 3-6 months.  In addition, you won't become a Green Card holder for at least a year after that.

[Dashinka 24,874]

I tend to agree with @Daphne . and @Crazy Cat, even though AOS is an option given you current situation, I would follow through with consular processing as you will be better off in the end (do you want to wait several [8+ months] to be able to work, or potentially travel back to your home country).  Since you have the advantage of ESTA, you are able to visit if necessary.

 

Good Luck!

[Yareth 102]

I agree with the previous opinions. It is so much easier to enter the country and immediately be able to work and live a regular life.  It’s only a few more months. 

Edited Monday at 05:06 PM by Yareth

[Tom23421 4]

Thank you for your words and opinions but as far as I read on groups the waiting time for consular process has been only extending in time:/ when we applied it was only 13.5 months of waiting, currently is +16.5. 

I have the same reflections as you but the worst thing is that I cancelled my job contract and apartment where I lived before I entered the country. So it’s like going back, looking for a job in another foreign country. I don’t understand why it is so complicated and takes so much time. My spouse got her residency in EU in a few weeks without being in need of exiting the country. 
I know each immigration system is different. 
I still have a little bit of time so I’ll keep asking people trying to gather as much information as possible. 

[Daphne . 1,952]

53 minutes ago, Tom23421 said:

Thank you for your words and opinions but as far as I read on groups the waiting time for consular process has been only extending in time:/ when we applied it was only 13.5 months of waiting, currently is +16.5. 

I have the same reflections as you but the worst thing is that I cancelled my job contract and apartment where I lived before I entered the country. So it’s like going back, looking for a job in another foreign country. I don’t understand why it is so complicated and takes so much time. My spouse got her residency in EU in a few weeks without being in need of exiting the country. 
I know each immigration system is different. 
I still have a little bit of time so I’ll keep asking people trying to gather as much information as possible. 

Why on earth did you cancel your job and apartment??? Based on what you wrote, it seems to me like you had no intention of leaving the US after entering on your Esta this time.. 

[Dashinka 24,874]

1 hour ago, Tom23421 said:

Thank you for your words and opinions but as far as I read on groups the waiting time for consular process has been only extending in time:/ when we applied it was only 13.5 months of waiting, currently is +16.5. 

I have the same reflections as you but the worst thing is that I cancelled my job contract and apartment where I lived before I entered the country. So it’s like going back, looking for a job in another foreign country. I don’t understand why it is so complicated and takes so much time. My spouse got her residency in EU in a few weeks without being in need of exiting the country. 
I know each immigration system is different. 
I still have a little bit of time so I’ll keep asking people trying to gather as much information as possible. 

It may seem a bit fishy to a IO that you canceled your life in your home country before even coming to the U.S.  I know that intent is determined at the border, but an AOS interviewing officer (IO) could inquire about it.

 

Yes, US immigration can be painfully slow to many, but it is what it is.

 

Good Luck!

[agrabs 250]

2 hours ago, Tom23421 said:

Thank you for your words and opinions but as far as I read on groups the waiting time for consular process has been only extending in time:/ when we applied it was only 13.5 months of waiting, currently is +16.5. 

I have the same reflections as you but the worst thing is that I cancelled my job contract and apartment where I lived before I entered the country. So it’s like going back, looking for a job in another foreign country. I don’t understand why it is so complicated and takes so much time. My spouse got her residency in EU in a few weeks without being in need of exiting the country. 
I know each immigration system is different. 
I still have a little bit of time so I’ll keep asking people trying to gather as much information as possible. 

Not sure why you are asking for advice - it is obvious this was your intention all along.  If you were planning on returning you would not have cancelled your job contract or your apartment.  I have traveled many times to another country to see my husband's family and never once did i consider quitting my job or cancelling my lease before leaving for my trip.  Good luck! 

[appleblossom 3,306]

3 hours ago, Tom23421 said:

I have the same reflections as you but the worst thing is that I cancelled my job contract and apartment where I lived before I entered the country. 

 

Ooooof. So you cancelled your job and apartment before entering the US, and expect USCIS to believe that you didn’t intend to stay when you entered?! 😲

 

I agreed with all of the people who’ve suggested to just stick with consular processing as your I-130 is likely to be approved any day now if you applied over a year ago, and I was going to say the same thing anyway. But now you’ve said the above, I absolutely wouldn’t try to do AOS. Far too risky IMO. 

Edited Monday at 09:51 PM by appleblossom