AOS at NVC Stage of CR1 Visa Process

[Brt300 0]

Hello everyone,

 

I hope you are doing well.  I am a little confused by the wording on the USCIS FAQ. Below is a copy paste of the information causing the confusion. 

 

My wife visits the US a few times each year. She is planning an extended stay around the time we expect our initial approval. Does the below mean that she will have the opportunity to adjust status after the initial approval?

 

One additional question. Is it possible to change the interview location to the US if she is here during the initial approval?

 

"When a visa is available for your petition (or if the Department of State believes that one will be available in the next several months), the NVC will send you a letter asking what you plan to do. If you respond that you plan to adjust your status, the NVC will hold your file until a USCIS office requests it. If you do not reply, after 30 days, the NVC will begin processing your petition.

Requests for adjustment of status are processed by USCIS not by the NVC. You should contact the USCIS office nearest you for adjustment of status information."

[aaron2020 11,651]

If your wife is outside the US right now, then it would be visa fraud for her to enter the US with the intent to adjust status.  

[pushbrk 12,080]

She needs a spouse visa, meaning NVC and Consular Processing.  That's based on your current stated intention.  However, IF during one of her stays, circumstances, and/or intentions change, adjusting status becomes a viable option.  This DOES happen fairly often.  Women get pregnant, spouses get sick, other family members have health problems, etc.  The list goes on.  

 

You're ready a FAQ section that applies in a minority of cases.

[Brt300 0]

Thank you for the response, Pushbrk. 

 

We intend to go through the normal process but we were curious about the possibility of receiving a letter with the option to adjust status.