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In the US when I-130 is Approved, Can I adjust instead of Consular?

By Curiousmind in US Embassy and Consulate Discussion

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Curiousmind Enthusiast

Curiousmind   84

Posted
Filed: IR-1/CR-1 Visa Country: Jamaica
 Timeline
Posted

Hello,

 

I am writing to find out what are my options if I am in the US on a visitors visa when my I-130 is approved. We originally signed up for consular but was wondering what are the possibilities of changing to adjustment of status if we are already there and the petition is approved?

 

 

 

Consulate : Jamaica
Marriage (if applicable): 2016-12-24
I-130 Sent : 2017-06-13
I-130 NOA1 : 2017-06-16
I-130 RFE :  
I-130 RFE Sent :  
I-130 Approved : 2017-12-05
NVC Received : 2018-01-19
Received DS-261 / AOS Bill : 2018-01-03
Pay AOS Bill : 2018-01-03
Receive I-864 Package :  
Send AOS Package : 2018-01-12
Submit DS-261 : 2018-01-02
Receive IV Bill : 2018-01-09
Pay IV Bill : 2018-01-09
Send IV Package : 2018-01-13
Receive Instruction and Interview appointment letter : Pending
Case Completed at NVC : 2018-02-20
NVC Left : Pending
Consulate Received : Pending
Packet 3 Received : Pending
Packet 3 Sent : Pending
Packet 4 Received : Pending
Interview Date : April 27, 2018
Interview Result :
geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)

More details are needed. Who is your petitioner and what's their status in the US (LPR or USC)? What is your PD?

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Curiousmind Enthusiast

Curiousmind   84

Posted
Filed: IR-1/CR-1 Visa Country: Jamaica
 Timeline
  • Author
Posted
11 minutes ago, geowrian said:

More details are needed. Who is your petitioner and what's their status in the US (LPR or USC)? What is your PD?

My husband is filing for me and he is a US citizen.

Consulate : Jamaica
Marriage (if applicable): 2016-12-24
I-130 Sent : 2017-06-13
I-130 NOA1 : 2017-06-16
I-130 RFE :  
I-130 RFE Sent :  
I-130 Approved : 2017-12-05
NVC Received : 2018-01-19
Received DS-261 / AOS Bill : 2018-01-03
Pay AOS Bill : 2018-01-03
Receive I-864 Package :  
Send AOS Package : 2018-01-12
Submit DS-261 : 2018-01-02
Receive IV Bill : 2018-01-09
Pay IV Bill : 2018-01-09
Send IV Package : 2018-01-13
Receive Instruction and Interview appointment letter : Pending
Case Completed at NVC : 2018-02-20
NVC Left : Pending
Consulate Received : Pending
Packet 3 Received : Pending
Packet 3 Sent : Pending
Packet 4 Received : Pending
Interview Date : April 27, 2018
Interview Result :
Curiousmind Enthusiast

Curiousmind   84

Posted
Filed: IR-1/CR-1 Visa Country: Jamaica
 Timeline
  • Author
Posted
26 minutes ago, Curiousmind said:

Hello,

 

I am writing to find out what are my options if I am in the US on a visitors visa when my I-130 is approved. We originally signed up for consular but was wondering what are the possibilities of changing to adjustment of status if we are already there and the petition is approved? My husband is a US citizen and is filing the petition.

 

If I can adjust, how do I go about it without being visa fraud?

 

 

26 minutes ago, Curiousmind said:

 

 

 

 

Consulate : Jamaica
Marriage (if applicable): 2016-12-24
I-130 Sent : 2017-06-13
I-130 NOA1 : 2017-06-16
I-130 RFE :  
I-130 RFE Sent :  
I-130 Approved : 2017-12-05
NVC Received : 2018-01-19
Received DS-261 / AOS Bill : 2018-01-03
Pay AOS Bill : 2018-01-03
Receive I-864 Package :  
Send AOS Package : 2018-01-12
Submit DS-261 : 2018-01-02
Receive IV Bill : 2018-01-09
Pay IV Bill : 2018-01-09
Send IV Package : 2018-01-13
Receive Instruction and Interview appointment letter : Pending
Case Completed at NVC : 2018-02-20
NVC Left : Pending
Consulate Received : Pending
Packet 3 Received : Pending
Packet 3 Sent : Pending
Packet 4 Received : Pending
Interview Date : April 27, 2018
Interview Result :
geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
15 hours ago, Curiousmind said:

My husband is filing for me and he is a US citizen.

If you are currently within the US, then you can file for AOS. Send a copy of the I-130's NOA2 with the packet.

 

15 hours ago, Curiousmind said:

If I can adjust, how do I go about it without being visa fraud?

If you are currently within the US then you can file fine. If you are not in the US right now, then you cannot enter to AOS.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Curiousmind Enthusiast

Curiousmind   84

Posted
Filed: IR-1/CR-1 Visa Country: Jamaica
 Timeline
  • Author
Posted
7 minutes ago, geowrian said:

If you are currently within the US, then you can file for AOS. Send a copy of the I-130's NOA2 with the packet.

 

If you are currently within the US then you can file fine. If you are not in the US right now, then you cannot enter to AOS.

Thank you. Do I have to wait a few months first, after arriving in the US?

Consulate : Jamaica
Marriage (if applicable): 2016-12-24
I-130 Sent : 2017-06-13
I-130 NOA1 : 2017-06-16
I-130 RFE :  
I-130 RFE Sent :  
I-130 Approved : 2017-12-05
NVC Received : 2018-01-19
Received DS-261 / AOS Bill : 2018-01-03
Pay AOS Bill : 2018-01-03
Receive I-864 Package :  
Send AOS Package : 2018-01-12
Submit DS-261 : 2018-01-02
Receive IV Bill : 2018-01-09
Pay IV Bill : 2018-01-09
Send IV Package : 2018-01-13
Receive Instruction and Interview appointment letter : Pending
Case Completed at NVC : 2018-02-20
NVC Left : Pending
Consulate Received : Pending
Packet 3 Received : Pending
Packet 3 Sent : Pending
Packet 4 Received : Pending
Interview Date : April 27, 2018
Interview Result :
geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
1 minute ago, Curiousmind said:

Thank you. Do I have to wait a few months first, after arriving in the US?

Are you in the US right now?

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 
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