ASAP HELP! Please!

[CMBx3 3]

Hi all,

I haven't been around for a while due to some personal issues. My filing process has also been on hold during this time, and I'm just now resuming.

I've paid both my fees, one says paid & the other was rejected but is currently in process.

My question is,

I'm currently in the USA, my PD which is 03JUNE14 will be current on DEC 01 & my B2 visa expires on DEC 02. My case obviously isn't complete, I'll be sending in my IV & AOS packages tomorrow with overnight shipping. Can I also send in an adjustment of status application with my package? Could this work being so close to when my visa expires, or is it too risky? Please advise me on the best approach.

I know I'm in a tough situation here but I really wasn't in the right state to plan this better. We were dealing with a death in the family followed by financial issues and I've been awfully ill the last 3 months due to pregnancy. I'd prefer to remain here in the US for my prenatal care (which I have only so far received through a free clinic), but I really want to do this all legally.

Thank you all.

[aleful 1,905]

hi

you are getting confused, what you are trying to send now, isn't part of the adjustment of status, but to go through consular processing

the NVC has requested the payments right? the nvc is the center that processes forms, payments and documents for those who will go through consular processing in their country of origin

the adjustment of status is to get the GC in the US and have the interview here, while the NVC will send all the file to the US Consulate/Embassy in your country

you cannot do both and you don't qualify for adjustment of status because you cannot overstay your stay on a tourist visa, not even one day if your spouse is only a LPR, you must have your interview in your country

[CMBx3 3]

I'm confused. I why can I not do both? I've read somewhere that LPR spouses now qualify to file adjustment of status while waiting for their priority date to be current in the USA. If i get these documents in before my visa expires, wouldn't my status change to something like 'applicant filing adjustment of status' meaning it wouldn't matter then if my visa does expire during this status change? Please correct me if I'm wrong.

[NigeriaorBust 4,087]

You could if you were in the US on a status like student that would be valid on the day of the interview. Overstays are forgiven usually for USC immediate family but not LPRs how are you going to be in status at the time of interview

[Jawaree 717]

You have to get processed at your home embassy, you can speak to an atty, try to stall interview

date in Kingston so the baby is born here (I suspect its a part of your concerns) but with your current

status and LPR spouse you cannot adjust stateside.

To do both process would be wasting money/time USCIS has rules in place, slow down NVC take care

of biz and give birth then move forward