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healthteacher

Adjusting status if currently visiting US

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


Timelines:

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

12/1/17: sent

12/14/17: 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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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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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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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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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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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'.


 

 

 

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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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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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Also thanks to JFH for pointing out that consular processing would be faster anyway.

Thanks for all the attempts to answer the question, but the only correct answer was SusieQQQ- a flat out  NO!

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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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