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healthteacher

Adjusting status if currently visiting US

By healthteacher in Bringing Family Members of US Citizens to America

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healthteacher Enthusiast

healthteacher   18

Posted
Filed: Timeline
Posted

hi,

My wife's adult unmarried daughter visits us every year for 2-3 months on a VWP.

Her daughter also has an approved I-130 and is planning to do consular processing when the time comes in a few more years.

If she happens to be in the US visiting us at the same time the visa becomes available, would she then be eligible to just adjust status while here in the US?

Wife would be a US citizen.

thanks!

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geowrian Grand Master

geowrian   22,335

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

She cannot enter with intent to adjust status. She will need to complete consular processing abroad when her time comes.

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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NikLR Grand Master

NikLR   13,220

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

If she happens to be in the usa at that time coincidentally then yes but otherwise it cannot be planned. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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SalishSea Grand Master

SalishSea   16,737

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
 Timeline
Posted

Jump ahead in the queue while others wait their turn?  Since she already has immigration intent, it would be fraudulent.

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WeGuyGal Proficient

WeGuyGal   1,052

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted

If she comes on a 2.3 month visit, easy to return home and CP. Entry on VWP requires a return ticket, and she ought to use the return part of that ticket. 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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SusieQQQ Grand Master

SusieQQQ   11,584

Posted
Filed: Citizen (apr) Timeline
Posted

Yup, here it is:

A section 245(c)(4) renders aliens admitted under the VWP ineligible to adjust status to that of a person admitted for permanent residence. This provision, however, includes an exception for immediate relatives of U.S. citizens.

 

https://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

 

 

 

 

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WeGuyGal Proficient

WeGuyGal   1,052

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted

Going through OP's previous threads.. his wife tried to AOS on VWP, had to exit the US, asked about CR1, but returned on VWP, and AOSed years back. 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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SusieQQQ Grand Master

SusieQQQ   11,584

Posted
Filed: Citizen (apr) Timeline
Posted
Just now, WeGuyGal said:

Going through OP's previous threads.. his wife tried to AOS on VWP, had to exit the US, asked about CR1, but returned on VWP, and AOSed years back. 

Which she could do as an IR, but the daughter can’t. 

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JFH Grand Master

JFH   12,189

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

What would even be the point?

 

If the visa number is available (PD is current) then all she has to do is the NVC part (takes a few weeks at most, she's had long enough to prepare for it) and then the medical and off to the London embassy for an interview. Currently (and I don't see things changing much) it takes about 6 weeks from 'case complete' at NVC to interview in London. There is virtually no waiting time due to the fact that the vast majority of people in the UK are eligible for the VWP (so no B-2 interviews) and very few people - comparatively speaking - immigrate here from the UK. So let's say that whole process takes 3 or 4 months. And that's it. Immigrant visa in hand, fly to US, green card holder immediately on arrival.

 

Whereas AOS is currently taking 14 months and more. Possibly even longer then. Maybe it will have been completely stopped by then. AP and EAD are taking around 6 months. That's 6 months of not being able to work or leave the country. Possibly not even able to drive. Compared to 3 or 4 months of consular processing and full status upon arrival. I fail to see the logic. It's an adult daughter, not a spouse. So it's not a case of 'can't bear to apart for another second'.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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WeGuyGal Proficient

WeGuyGal   1,052

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted
2 hours ago, SusieQQQ said:

Which she could do as an IR, but the daughter can’t. 

Point was, OP appeared interested in AOS for beneficiaries back then, and now (even if hypothetically). 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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SusieQQQ Grand Master

SusieQQQ   11,584

Posted
Filed: Citizen (apr) Timeline
Posted
30 minutes ago, WeGuyGal said:

Point was, OP appeared interested in AOS for beneficiaries back then, and now (even if hypothetically). 

Well the answer to this particular question, hypothetical or not, is an unequivocal no. No ifs ands or buts around intent etc. just , no.

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WeGuyGal Proficient

WeGuyGal   1,052

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted
10 hours ago, SusieQQQ said:

Well the answer to this particular question, hypothetical or not, is an unequivocal no. No ifs ands or buts around intent etc. just , no.

Agreed

 

Numerous hypotheticals by OP 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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