Adjustment of Status from B2 Visitor Visa to CR1 Visa

[Kalpen 0]

Good morning 

I am currently in US on visitor visa. My stay will expire by November 2018. I am getting married to US Citizen spouse in few weeks here in US. Can I change my status from B2 visa to CR1 Visa here in US rather going back to my country for consular processing?

If Yes, which form do I have to complete for adjustment of Status from B2 visa to CR1 visa along with I130 application?

And while my I130 application is processing and adjustment of status application is also processing, can I stay in US or I have to go back to my home country?

Any help will be greatly appreciated

[Bfree3 132]

Yes, you can adjust status from B2.. I don't know if the term would be CR1 Visa.

 

Forms needed:

G1145 (fill this form out so you can receive email and text notifications when your application is received)

i130 PETITION FOR ALIEN RELATIVE

130A - for additional info about you

i485 ADJUSTMENT OF STATUS FORM

i693 MEDICAL FORM 

i131 (travel request - optional)

i765 EMPLOYMENT AUTHORIZATION REQUEST (also optional)

 

Read all instructions thoroughly and you shouldn't have any issues and research on here for any questions or just ask. 

 

Good luck and congratulations!

 

Edited July 16, 2018 by Bfree3

[Dutchster 1,106]

CR-1 is no option. You'll have to go back to India for an interview and receive the visa.

You can adjust in the US now. You will have to file  I-130/I-130A, I-485  (Optional is to add  I-765 and I-131 (no additional fees) to work and travel before the green card gets approved)

http://www.visajourney.com/content/i130guide2

Edited July 16, 2018 by Dutchster

[Dee elle 1,368]

1 minute ago, Bfree3 said:

Yes, you can adjust status from B2.. I don't know if the term would be CR1 Visa.

 

Forms needed:

G1145 (fill this form out so you can receive email and text notifications when your application is received)

i130 PETITION FOR ALIEN RELATIVE

i485 ADJUSTMENT OF STATUS FORM

i693 MEDICAL FORM 

i131 (travel request - optional)

i765 EMPLOYMENT AUTHORIZATION REQUEST (also optional)

 

Good luck and congratulations!

 

You will be Adjusting your Status, not adjusting your visa.. visas are to enter the country, as you are already in the country you don't need a different visa.

You will end up with a conditional Permanent resident status, valid for 2 years, and then you will apply for Removal of Conditions, and you will then be an unconditional permanent resident with a GC that is renewed fever 10 years. 

While the process for Adjusting your Status is in progress.. and it will take up to 18 months, unless you have applied for and received the AP I131 and EAD i 751, you wont be able to work or return to the US if you leave. Leaving without the AP will abandon your application. These applications take 4 to 5 months after filing. 

[Bfree3 132]

I was using the term the OP used. Thanks. 

[Kalpen 0]

3 minutes ago, Dee elle said:

You will be Adjusting your Status, not adjusting your visa.. visas are to enter the country, as you are already in the country you don't need a different visa.

You will end up with a conditional Permanent resident status, valid for 2 years, and then you will apply for Removal of Conditions, and you will then be an unconditional permanent resident with a GC that is renewed fever 10 years. 

While the process for Adjusting your Status is in progress.. and it will take up to 18 months, unless you have applied for and received the AP I131 and EAD i 751, you wont be able to work or return to the US if you leave. Leaving without the AP will abandon your application. These applications take 4 to 5 months after filing. 

Thank you for the help 

So do I have to pay filing fees for I130 and I485 too? or just I485 and submit form I130, I131 and I765

[Dee elle 1,368]

1 minute ago, Kalpen said:

Thank you for the help 

So do I have to pay filing fees for I130 and I485 too? or just I485 and submit form I130, I131 and I765

I believe you pay for the 130, 485 ..........if you file the 751 and 131 at the same time as the 130 and 485, the fees for the travel and employment authorizations  are waived. 

 

[Kalpen 0]

12 minutes ago, Dutchster said:

CR-1 is no option. You'll have to go back to India for an interview and receive the visa.

You can adjust in the US now. You will have to file  I-130/I-130A, I-485  (Optional is to add  I-765 and I-131 (no additional fees) to work and travel before the green card gets approved)

http://www.visajourney.com/content/i130guide2

Thank you for replying 

So based on what I learned I don't have to go back to India for consular processing which I can do here by applying I130 & I485. And also apply for I765 to work and I131 for travel. But before my I131 is approved and if my current legal stay for B2 expires in November 2018, what should I do?

 

[Going through 5,668]

Also read the guide here, if you haven't already:

 

http://www.visajourney.com/content/i130guide2

[Going through 5,668]

2 minutes ago, Kalpen said:

Thank you for replying 

So based on what I learned I don't have to go back to India for consular processing which I can do here by applying I130 & I485. And also apply for I765 to work and I131 for travel. But before my I131 is approved and if my current legal stay for B2 expires in November 2018, what should I do?

 

You are in authorized stay while the application is pending (meaning you can remain in the US while awaiting an approval/denial).

Edited July 16, 2018 by Going through

[Dutchster 1,106]

1 minute ago, Kalpen said:

Thank you for replying 

So based on what I learned I don't have to go back to India for consular processing which I can do here by applying I130 & I485. And also apply for I765 to work and I131 for travel. But before my I131 is approved and if my current legal stay for B2 expires in November 2018, what should I do?

 

While the petitions are processing, you will remain in legal status. 

[Dee elle 1,368]

Just now, Kalpen said:

Thank you for replying 

So based on what I learned I don't have to go back to India for consular processing which I can do here by applying I130 & I485. And also apply for I765 to work and I131 for travel. But before my I131 is approved and if my current legal stay for B2 expires in November 2018, what should I do?

 

Once you submit the 130 and 485, even after the B2 is expired, you are in a period of authorized stay.. not accumulating overstay... and are allowed to legally remain in the US while your application is being processed.

[WeGuyGal 1,052]

1 hour ago, Kalpen said:

Good morning 

I am currently in US on visitor visa. My stay will expire by November 2018. I am getting married to US Citizen spouse in few weeks here in US. Can I change my status from B2 visa to CR1 Visa here in US rather going back to my country for consular processing?

If Yes, which form do I have to complete for adjustment of Status from B2 visa to CR1 visa along with I130 application?

And while my I130 application is processing and adjustment of status application is also processing, can I stay in US or I have to go back to my home country?

Any help will be greatly appreciated

Did you have a green card in the past? 

[TBoneTX 43,042]

OP has received appropriate answers, so this thread is now closed.