Switching from the consular processing to the adjustment of status

[curiousimmigrant3 10]

6 hours ago, Daphne . said:

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. 

For us it took from may 2023 to now, end of february 2025 to get to our interview. Granted, we changed the location of the interview to 2 different countries because we moved countries in the mean time. Thus, it can take way longer than 1 year

[appleblossom 3,334]

3 minutes ago, curiousimmigrant3 said:

For us it took from may 2023 to now, end of february 2025 to get to our interview. Granted, we changed the location of the interview to 2 different countries because we moved countries in the mean time. Thus, it can take way longer than 1 year

 

Daphne is just talking about the wait for an interview, not the whole wait - the OP is already over a year in to the process. 

Edited Monday at 09:58 PM by appleblossom

[curiousimmigrant3 10]

3 minutes ago, appleblossom said:

 

Daphne is just talking about the wait for an interview, not the whole wait - the OP is already over a year in to the process. 

Thats what I mean, it was the same case as me. I’m about 21 months into the process and about to go to the interview, plus the waiting time to reiceive the visa back. At the end it  should be close to 24 months total for me… when we got started we looked at the data from the uscis website and the timelines here and the average was 18 months. It’s a wild bet

[Yareth 102]

6 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. 

Your wait time started when you applied and is therefore still around 13.5 months and not longer. It’s 16.5 months for people who apply now. 
 

either way, you clearly misrepresented yourself at the border as you entered the US under a tourist visa with immigrant intent.
 

This is unlawful and could lead to denial of your aos and deportation. 
 

All the best. 

[Tom23421 4]

In general I agree with all of you but what if someone cancelled job contract due to for eg. health issues, mobbing or any other issues. I spoke with my layer about it and she said that I can being asked some questions about that but my intentions are clear and obviously to say the truth. Plus we had moved to my family after I quit my apartment and it was before I entered the US. 

Edited Tuesday at 02:55 AM by Tom23421

[appleblossom 3,334]

37 minutes ago, Tom23421 said:

In general I agree with all of you but what if someone cancelled job contract due to for eg. health issues, mobbing or any other issues. I spoke with my layer about it and she said that I can being asked some questions about that but my intentions are clear and obviously to say the truth. Plus we had moved to my family after I quit my apartment and it was before I entered the US. 

Ask yourself what you could show at your interview if asked to prove you didn’t intend to stay when you entered the US? Without a job and home, the ties you could still show to your home country are presumably minimal. 
 

Your call obviously, but there’s no way I’d risk it if it was me. Talk to the lawyer about the possible consequences of you being found to have misrepresented yourself, it wouldn’t just be a visa refusal you’d be facing.

[Dashinka 24,896]

8 hours ago, Tom23421 said:

In general I agree with all of you but what if someone cancelled job contract due to for eg. health issues, mobbing or any other issues. I spoke with my layer about it and she said that I can being asked some questions about that but my intentions are clear and obviously to say the truth. Plus we had moved to my family after I quit my apartment and it was before I entered the US. 

So you planned on returning when you entered the US?  I agree with @appleblossom, an AOS in your case looks to be quite risky.  An AOS interviewing officer can, and very well may re-visit your intent at your entry especially if your job history and address history shows you ended those right before coming to the US (yes, those are asked for in detail on the I485 including the ending dates).  In the end it is up to you.

 

Good Luck!

[Daphne . 1,953]

13 hours ago, Tom23421 said:

In general I agree with all of you but what if someone cancelled job contract due to for eg. health issues, mobbing or any other issues. I spoke with my layer about it and she said that I can being asked some questions about that but my intentions are clear and obviously to say the truth. Plus we had moved to my family after I quit my apartment and it was before I entered the US. 

You were admitted to the US, and it looks like you got yourself into a situation that you have nothing to go back to so AOS now seems to be your only option. Not sure why you ask us what you should do when it seems like you made up your mind. No point in crying over the fact that it might take moths to get work and travel authorization now. You made your bed, right? 
 

We all answered your question with the most reasonable advice. 

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