Moving from NVC to Adjustment of Status

[tuanphan21290 1]

Hi,

I am currently a permanent resident and has petitioned for my spouse under F2A. My case is currently being processed by the NVC, and the interview date has been scheduled. However, my spouse is currently living in the US under F-1 Visa and her PD became current. Can I do Adjustment of Status for her instead? Thank you!

[MUXAGIRL 69]

Technically you can, as soon as she files that I-485, her file will be immediately sent to USCIS, however after that she has to wait the usual processing time length for that before she goes for interview inside the US. Depends on how fast you want her GC. On the other hand if she goes for consular processing there is no guarantee it would be granted her immediately either, there is always AP that pops in when you are least expecting it.

Also F1 is a non immigrant visa, however if she is here long enough already after her last F1 entry and continues her study, it should not be a problem.

[Hypnos 6,576]

As stated above, you can certainly do this. Follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2 substituting a copy of the I-130 approval notice in lieu of an I-130. USCIS will then request the already-approved I-130 back from the NVC, and your case will continue as a concurrent filing.

[tuanphan21290 1]

Thank you for your advice! On my I-130 approval notice stated that "my spouse is not qualify for adjustment of status based on the information provided." Then, when I made an InfoPASS and talked to the USCIS officer, they said because I was a green card and they don't know if my wife still in the US for AOS by the time of my visa becomes current. Here it is now, my wife still legally stays in the US with her F-1 Visa, do you think the statement in the I-130 approval notice will be matter when I submit along with I-485?

As stated above, you can certainly do this. Follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2 substituting a copy of the I-130 approval notice in lieu of an I-130. USCIS will then request the already-approved I-130 back from the NVC, and your case will continue as a concurrent filing.

Edited July 17, 2015 by tuanphan21290

[Hypnos 6,576]

No, it won't matter.