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Munafn

Adjustment of Status on ESTA?

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Hello everyone,

I have a quick question. I feel like I know the answer but I value everyone's opinion on this forum and maybe there is someone that has had similar experiences.

The question:

We just received our NOA2 on 3/30/15

Priority date is 01/17/2014

My wife is the beneficiary (UK citizen)

I am a permanent resident and the petitioner.

My wife is currently visiting me on the ESTA visa waiver program and she will be present in the country until April 13th.

My question is - can we adjust status since, she is technically legally present in the country and we have received NOA2? It wasn't our intent at first because to be honest we did not expect the NOA2 approval to happen until sometime in May or June. But now that it has happened, we are wondering if it was possible.

your thoughts and comments would be greatly appreciated.

Thank you,

Munaf


F2A JOURNEY STATUS

COMPLETE

USCIS

Vermont Service Center

01/17/14 : NOA1 (Priority Date)

03/24/15 : NOA-T (Electronic Transfer notice to California Service Center)

03/28/15 : NOA-T (Hard Copy of Transfer notice received in mail)

03/30/15 : NOA2 ( I-130 Approved) Electronic confirmation

04/03/15 : NOA2 Hard Copy received in mail

NVC

http://www.visajourn...php/NVC_Process

04/16/15 : NVC Received Case (Phone call with CSR confirmed)

04/24/15 : Case number and IIN assigned (Phone Call)

04/27/15 : NVC Welcome Letter received via Email

04/27/15 : DS-261 Waived and AOS & IV bill invoiced

04/28/15 : AOS & IV bill paid (Status: IN PROCESS)

04/29/15 : AOS & IV bill paid (Status: PAID)

04/29/15 : DS-260 Available online

04/30/15 : DS-260 Completed

05/08/15 : AOS and IV Package mailed to NVC

05/26/15 : NVC Scan Date (CSR confirmed)

06/17/15 : Case Complete

07/29/15 : Interview Date Received Sep 2nd! (CSR confirmed) :dancing:

07/30/15 : Interview Letter email received (P4)

07/31/15 : NVC shipped out case to London Embassy

Embassy

07/30/15 : Medical Completed

08/01/15 : CEAC status "In Transit"

08/03/15 : Package received at London Embassy

08/05/15 : CEAC status "Ready"

09/02/15 : Interview

09/02/15 : Interview Result: APPROVED!!

09/03/15 : CEAC status changed to "Administrative Processing"

09/04/15 : CEAC status changed to "Issued " :dancing:

09/10/15 : Visa in hand!!

09/11/15 : POE

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You could if her priority date was current. If it isn't - you definitely can't. It will be denied.

NOA2 is entirely irrelevant.

That is interesting to hear. Yea, I forgot that the PD has to be current. But that is really good to know that she would be allowed to adjust if the PD was current.

Thank you for the quick response. I'm also trying to see if there is scope for her to enter on H1.


F2A JOURNEY STATUS

COMPLETE

USCIS

Vermont Service Center

01/17/14 : NOA1 (Priority Date)

03/24/15 : NOA-T (Electronic Transfer notice to California Service Center)

03/28/15 : NOA-T (Hard Copy of Transfer notice received in mail)

03/30/15 : NOA2 ( I-130 Approved) Electronic confirmation

04/03/15 : NOA2 Hard Copy received in mail

NVC

http://www.visajourn...php/NVC_Process

04/16/15 : NVC Received Case (Phone call with CSR confirmed)

04/24/15 : Case number and IIN assigned (Phone Call)

04/27/15 : NVC Welcome Letter received via Email

04/27/15 : DS-261 Waived and AOS & IV bill invoiced

04/28/15 : AOS & IV bill paid (Status: IN PROCESS)

04/29/15 : AOS & IV bill paid (Status: PAID)

04/29/15 : DS-260 Available online

04/30/15 : DS-260 Completed

05/08/15 : AOS and IV Package mailed to NVC

05/26/15 : NVC Scan Date (CSR confirmed)

06/17/15 : Case Complete

07/29/15 : Interview Date Received Sep 2nd! (CSR confirmed) :dancing:

07/30/15 : Interview Letter email received (P4)

07/31/15 : NVC shipped out case to London Embassy

Embassy

07/30/15 : Medical Completed

08/01/15 : CEAC status "In Transit"

08/03/15 : Package received at London Embassy

08/05/15 : CEAC status "Ready"

09/02/15 : Interview

09/02/15 : Interview Result: APPROVED!!

09/03/15 : CEAC status changed to "Administrative Processing"

09/04/15 : CEAC status changed to "Issued " :dancing:

09/10/15 : Visa in hand!!

09/11/15 : POE

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Share on other sites
 
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