Adjusting from B1/B2

[pinkpaws 5]

Hi, 

 

I am married to a USC (for almost 2 yrs), and am currently in the US on a tourist visa. I initially planned to return to my home country after my 6 month allowance runs out (it runs out at the end of Feb 2017), however due to a change of circumstances, we have decided to stay and do an AOS. 

 

We are ready to start filing right now (or the next 2 weeks, the latest). My question is: what happens if I don't receive any "letter of approval" re our I-148 by the time my B1/B2 allowance runs out? Would I need to leave the US? I hear it can take up anywhere between a few weeks to a few months to hear back from USCIS. Ideally I don't want to have to travel home, but also don't want to remain in the US if this is going to be a problem. 

 

Thank you! 

[ValerieA 350]

It only takes about a week to get the letter acknowledging receipt of your file; this is what gives you authorized stay until your case is adjudicated. Do NOT travel home before you receive the travel document (AP) from USCIS or you forfeit your application. Oh, and good luck! It's usually a fairly quick (3-5 months) and simple process.

[lilygracexx 22]

I adjusted from B1/B2 all information is in my signature. It took about 5 months and the process is not simple or quick. It is nerve wracking and you need a lot of patience. The process can take up to a year or more (in some cases).

Edited January 5, 2017 by lilygracexx

[EM_Vandaveer 2,408]

Do not leave because if you do your application will be denied for abandonment.

Once you receive the NOA1 for your I-485, which should happen within a couple of weeks of sending your package (30 days max), you enter a new period of authorized stay until your application is adjudicated.

[citizen2393 9]

The process is NOT quick at all, unless you are very lucky to have a field office with exceptional processing times. I filed in October for my husband who entered on a B-2 visa and our field office has a current wait of 11 months IF everything is alright with the paperwork. Also, the 90 day Work Authorization is also not always true. October filers from tourist/work visas are still waiting for ANY updates regarding their employment authorizations. When you file, do not leave the country and make sure to be patient or else you will be a nervous wreck for months. Good luck. 

[EM_Vandaveer 2,408]

2 hours ago, citizen2393 said:

The process is NOT quick at all, unless you are very lucky to have a field office with exceptional processing times. I filed in October for my husband who entered on a B-2 visa and our field office has a current wait of 11 months IF everything is alright with the paperwork. Also, the 90 day Work Authorization is also not always true. October filers from tourist/work visas are still waiting for ANY updates regarding their employment authorizations. When you file, do not leave the country and make sure to be patient or else you will be a nervous wreck for months. Good luck. 

October filers have not waited 90 days yet, though (except the ones who filed in the very beginning of the month).

This was in 2011, but my AOS from VWP took less than 4 months from filing to receiving GC.

[pinkpaws 5]

Thank you everyone for your replies! 

 

We will begin our paperwork next week so crossing our fingers for a smooth journey! 

[Venice1012 35]

On 1/5/2017 at 0:14 PM, EM_Vandaveer said:

October filers have not waited 90 days yet, though (except the ones who filed in the very beginning of the month).

This was in 2011, but my AOS from VWP took less than 4 months from filing to receiving GC.

Indeed some October filers like myself haven't reached 90 days as yet but that doesn't mean it's a easy process... it's nerve wrecking especially when you filed at the ending of October and it's fast approaching 90 days( in a week) and still noticed that person's who filed in the beginning still haven't received EAD as yet! The process is time consuming but we have no other option than to be patient.

Edited January 8, 2017 by Venice1012

[Venice1012 35]

On 1/4/2017 at 6:10 PM, pinkpaws said:

Hi, 

 

I am married to a USC (for almost 2 yrs), and am currently in the US on a tourist visa. I initially planned to return to my home country after my 6 month allowance runs out (it runs out at the end of Feb 2017), however due to a change of circumstances, we have decided to stay and do an AOS. 

 

We are ready to start filing right now (or the next 2 weeks, the latest). My question is: what happens if I don't receive any "letter of approval" re our I-148 by the time my B1/B2 allowance runs out? Would I need to leave the US? I hear it can take up anywhere between a few weeks to a few months to hear back from USCIS. Ideally I don't want to have to travel home, but also don't want to remain in the US if this is going to be a problem. 

 

Thank you! 

I would advise to go ahead and file the paperworks but also find something to occupy your time in the meanwhile(not suggesting work) any leisurely activities that can keep your mind at bay. But under no circumstances you should leave the country after filing the paperworks until you have AP card in hand... 

 

Good luck

[lntdenver 42]

I also filed for aos from B1/B2 and we finally got an interview date. But I was in your shoes about a year ago. 

I also sent my packet within the last month of authorized stay on B1/B2, and was worried about having to leave, etc. I was nervous and crying on those days waiting for the NOA letter and approaching expiring stay on Tourist visa... 

Eventually the NOA letter arrived and since then I made myself as busy as I could because it gets to a point where all you can do is wait. 

So I took some time to adjust to the new country/city, did some reflection about my life goals and professional career, and before getting the EAD I started working on my resume and preparing for job search... So when I got the combo card I already had a plan to get a job.

On top of that I also signed up for my first marathon... It forced me to run which helped relief stress, get some endorphins, and keep my mind off of the aos process.

My husband and I are looking forward to having the aos process completed ( after almost one year!) but we didn't let this put our lives on hold... I have been working and paying taxes since June last year. I've read some posts from people that call and have arguments with uscis on a daily basis, but the process still takes the same time...  

 

My tips would be educate yourself on the process, be organized, stay busy and optimistic!!! 

I agree that it's not an easy and quick process, but if you follow the instructions you should be fine.

[capivzla 6]

On 5/1/2017 at 7:47 PM, pinkpaws said:

Thank you everyone for your replies! 

 

We will begin our paperwork next week so crossing our fingers for a smooth journey! 

HELLO PINKPAWS.

So it's November now, how is your process?.   Can you give me an update?

Thanks