avoid returning to home country if I-130 already approved?

[Calebpinter 0]

Hello,

My wife and I got married in March of this year and in May we moved to the US. My wife is a Bolivian citizen but already had a US tourist visa and our plan was that she would come to the US with me for a few months while until her I-130 is approved and then she would go back to Bolivia to finish off the CR-1 process. A little over 3 months ago my wife got pregnant and now there is concern that she would not get her green card until the end of December and it may not be good for her to travel after that. We just got I-130 approval notice on Friday but I'm wondering if we can avoid having her go back to Bolivia at this point due to the change in circumstances? We have been using an online service to run our documents and when explaining the situation to them they told us that she needs to go back to Bolivia if at all possible because if not it could be considered visa fraud and she could be banned for life. We have also talked with an immigration lawyer and he said that since she entered the US legally on a visa she should not have to go back to Bolivia just to have an interview at the embassy. I'm inclined to believe the lawyer since it is his job to know the laws but given the harsh response from the online visa service I was wondering if anyone here has had a similar experience and provide some insights?

Thanks,
Caleb

[Boiler 43,576]

Why not just adjust in country?

[Harpa Timsah 13,258]

She entered legally so you can adjust her status. Check out the guides section for a spouse already in the US. The online document place is, unsurprisingly, full of it.

[Baslied 1]

I recommend adjusting status while she is in the US since she entered legally, returning to her home country might be more complicated

[KierenHby 897]

She can legally adjust in the US.

Review Guides, then ask specific Qs. Don't need a lawyer, but if already tied up with one and too late to spin off, have them file to AOS.

Step-by-Step Guide on How to File an I-130 for a Spouse Inside the US

[Ryan H 3,791]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[EM_Vandaveer 2,370]

Follow this guide:

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

However, instead of the I-130 package, include a copy of the approval notice for the I-130.

[Calebpinter 0]

Thanks for all of your responses. I guess the big questions I have is that if I do prepare this package with the I-485, do I need to do anything about the package that is already on its way from USCIS to NVC? Or do I just never choose an agent and let it die there? Also, in those guides that were sent to me, at the top it says that if your spouse entered on a tourist visa with the intent of immigration and marriage, then he/she should return to her home country to file the I-130. I just want to make sure that this wouldn't apply to my wife? She did enter on a tourist visa, although she entered shortly after filing the I-130. Since that is the case, I assume that going the I-485 route wouldn't cause any problems? Her visa expires the end of November, so would that cause any complications? or how do we avoid her visa expiring while we are waiting for her I-485 to be processed?

[Harpa Timsah 13,258]

Did she enter with the intent to immigrate on that trip?

Don't do anything with NVC and once you file the I-485 they will pull your file from NVC and match it up with your I-485.

[Calebpinter 0]

No, we planned on her going back until we found out she is pregnant.

Ok, thanks.