documents necessary to change CP to AOS

[CarolaBE 0]

Hi

I have read many cases where people have switched from CP to AOS without a problem and I was wondering if anyone could help me.

My husband, who is a US citizen, and I started the process for visa CR-1 in the UK this summer, we were living there at that time.

He received a job offer and moved back to the US a few months after that. I stayed in the UK waiting for the visa CR-1 to be processed. During that time the

petition was approved, but it was taking longer than we thought it would. So we decided that I could visit him for a few months and spend the holidays together and then come back to finalize the process.

I came to the US on my tourist visa, and after a month and a half of being back together we don't want to separate again. After we found out

that we could transfer our case from UK to the US, we started getting all the documents.

Our problem is that we are not sure whether we need to file form I-824 with form I-485 or not.I read somewhere that you need to inform NVC to transfer the case, there was where I found about form I-824. However, after reading other cases now I am not sure if we need it or if just by filing form I-485 is enough.

For those that have been through this situation, how did you do it?

Thank you

[Georgia16 2,858]

It can't be transferred.

You'll have to adjust status from a visitor visa and pay all the fees for that around $1,500 (Look at correct amount on their webpage) You will also need your medical here in the US and pay for it (Can be expensive).

Also you won't be able to work or leave the county (you can leave but not get back in) until you get your EAD and AP takes about 90 days and also most states can't give you DL until you get EAD.

[NikLR 13,234]

You guys didn't file directly with London? Was the US petitioner legally living in the UK? You could have been done in a few months!

Right now you can file an I-485 because you have an approved I-130. You do not need to refile the I-130 or the cost for that. You will have to inform the NVC of what you're doing. I'm not sure if you ask for the I-130 to be returned to the USCIS or not, but I would assume you would since it doesn't do them any good.

Have you paid any NVC fees? I'm curious how close you are to the finish because if you decide to AOS instead, you're adding a significant amount of time to your process and making it so you can't work, or travel.

Edited December 8, 2016 by NikLR

[CarolaBE 0]

Thank you both for your quick response!!

I really appreciate it.

We did file in London. We were in Belfast, London embassy was the only option we had.

We have lived there for the past 3 years. He finished his MA this summer and I am currently writing my thesis.

We read that the process was faster there than somewhere else, but during that time it was taking a bit more than usual. That was when we decided to meet for the holidays and then come back to Belfast to finish the process. But now that we are together we don't want to be apart anymore.

We asked a lawyer this week if the transfer was possible and she told us that the process should go smoothly as long as all my documents are in order. We are aware of the costs and that it might take a bit longer from here than doing it from UK (around 6 months compared to the 3 months it takes from UK), but being together makes it better.

So far we have paid only for petition I-130. We haven't sent or paid anything else since then.

So do you think that form I-824 is irrelevant in this case?

[JFH 12,196]

So you were doing DCF in London and had your I-130 approved? You are a matter of weeks away from getting your interview date. Should stick with that. Then you will get your green card immediately upon arrival and can work, etc.

If you adjust in the USA now, you can't work for many months, will have to pay more fees and you're many months away from a green card. You can't go back home to pack up your stuff, return your keys to your landlord, sell your car, etc for several months. I'd go back to London and finish the last part, if I were you. I understand you don't like being apart. I haven't seen my husband in over 6 months (that will change on December 19!!!) but the benefits you gain by spending another 2 months or so apart are worth it, in my opinion.

[NikLR 13,234]

I agree. Yes being apart sucks. But the result is so much better for you. A green card in a month or so vs maybe a year!