Adjust of Status

[Konpeito 0]

Hi everyone.

I'm not sure if this is the correct forum or title to describe our issue so feel free to correct if necessary.

Here is our current situation and my question at bottom;

I am USA citizen living in the USA. I got married to a Peruvian woman that was living in Lima, Peru in July 2015.

In December 2015 I filled the i-130 (without help from attorney) and it is currently being processed NOA1 with expected completion date of June 2, 2016 before NOA2 starts.

In March of 2016 my wife was granted a 10 year b-2 tourist visa. When my wife arrived to the USA she was granted a 6 month length to stay at one time by the i-94 immigration officers stamp.

It seems like a change of status can only occur after the i-130 is processed but online through USIC it says within 10 days of address change. The USIC online doesn't have a place to change a foreign address it is only for USA residents.

Are there any forms or change of status to update mailing address/ living location before the i-130 is completed? If she is still in the USA when the NOA2 starts can we do the interviews, medical, etc. all in the USA instead of her flying back to Peru to complete that portion there?

I submitted all the immigration paperwork without consultation of an attorney, and plan to complete the process until end without hiring one in order to save money. I wan to be accurate as possible with when, where, how, all the papers i submit so there are no delays.

Thanks.

Mike

Edited March 29, 2016 by Konpeito

[Transborderwife 4,666]

Nope. She must return to Peru to complete it.

[Boiler 43,859]

You said she arrived this month, exactly when?

Have you read the guides on VJ or adjusting status from a Tourist Visa?

When she applied for her B did she state she was married and married to a USC?

[Transborderwife 4,666]

You said she arrived this month, exactly when?

Have you read the guides on VJ or adjusting status from a Tourist Visa?

When she applied for her B did she state she was married and married to a USC?

True aos is an option but it's a whole new set of fees

[Konpeito 0]

You said she arrived this month, exactly when?

Have you read the guides on VJ or adjusting status from a Tourist Visa?

When she applied for her B did she state she was married and married to a USC?

We don't want to adjust or change the tourist visa since that is just for her to vacation here while the i-130 is currently being processed.

The only thing i was looking to see if need to be adjusted was mailing address,etc for the i-130 since she will be in USA for awhile.

Obviously she told the truth at the Embassy interview and when filing for the tourist visa about being married to a USA citizen. She brought proof of marriage along with our immigration processing status. It is all on file. They asked her about marriage, why visiting, etc during interview at embassy.

[Konpeito 0]

True aos is an option but it's a whole new set of fees

Are you talking about the I-485?

[Transborderwife 4,666]

Are you talking about the I-485?

Yes

[newacct 688]

It's really unclear what you want.

If you want her to do Adjustment of Status in the US without going back to Peru, then you should have filed I-130 and I-485 together, and she will get the green card in a few months. In this case there is no reason to file the I-130 separately. If this is what you want to do, you can still file the I-485 now any time. You wouldn't need to wait for anything.

If you want her to do Consular Processing at the US consulate in Peru instead, then you wait until the petition is approved and for them to contact you, and she goes back to Peru to do the consular processing.