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Can I file for Adjustment of Status while in US with B2 visa

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Hi All,

I am in US on a B2 Visa. My Visa is still valid till June 2017 but my 6months authorized stay expired in July of this year (2016). I arrived US in January 2016 to visit my Wife who was a permanent resident then because She recently became a US citizen in December of this year (2016). We married officially in two years ago in our Country, Nigeria. Since I arrived things changed and my wife filed I-130 for me when she was a permanent residence. This was approved few weeks ago and by then she has not taken her Oat ceremony for Citizen because her citizenship was in process then. What I am saying is that the I-130 was approved while she was a permanent residence and the approval notice states that "The I-130 petition for Alien relative for F2A Family category is approved but the beneficiary is not eligible to adjust status. This is based on the information you provided to us at the time of processing your case. However, if the person whom you are petitioning believes He/She is eligible to adjust status, the He/She can contact us" Few weeks after this Approval Notice my wife became US Citizen and got her Naturalization Certificate.

I am thinking that the reason they said that I cannot adjust status is because my wife was a Permanent residence then and there was no Visa available for us by the time the case was approved because we are from Nigeria. I equally think that now She is a US Citizen that there is always a Visa available and that I can now file for adjustment of status.

Please, I do not know if what I am thinking is true. If there is anyone that has had such experience can please advise.

Any useful comment will be appreciated.


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F2A is for spouses and children under 21 of a LPR, which she was.

I believe it's because of visa numbers that you can't file for AOS. Per the January bulletin:

For January, F2A numbers EXEMPT from per-country limit are authorized for issuance to applicants from all countries with priority dates earlier than 08MAR15. F2A numbers SUBJECT to per-country limit are authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 08MAR15 and earlier than 22MAR15.

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You can AOS.

Follow the guide:


Instead of the I-130 packet send the NOA1 for your I-130 in your packet.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011


Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014


N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Yes now that your wife is a USC you are allowed to adjust status. You don't need to submit a new I130 you just need to send in Your AOS package with all the required documents and forms along with a copy of your I130 NOA and a explanation why you think you're eligible for AOS as your circumstances as change with all  the necessary documents to prove it.



Hardcopy NOA:11/10/2016

Biometrics Notice:11/12/2016

Biometrics App:11/22/2016

I485 Status update: As of December 5 we are ready to schedule your I485 for interview....

I130:Case Received

I765: 1/17/2017, New card is being produced

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