Change my mind and want to adjust status for my mother from inside the US. Her case is at the NVC (merged)

[SilentSiren 0]

Currently I am petitioning my mother to get her green card. I originally started it as a consular processing . However, she is visiting me , and our plan was to have her go back in three months to wait back home. Now I changed my mind and would like to stay here with me and get her green card here. I was told I could submit the I 485 along with the I 864 and let the NVC now that I am adjusting her status from inside the US. Does anyone know if I should submit the I 485 first and then just after let the NVC now, or should I let the NVC know first and right after submit the I 485? In either case , should I just email the NVC via their public inquiry or should I call them? Thanks in advance. 

[SilentSiren 0]

Also, should the petitioner and beneficiary submit the I 485 and all other corresponding forms first and right after let the NVC know that they are adjusting of status or let the NVC first that they are going to adjust of status before submitting the I 485? Does anyone know the best order to make the switch?

[HRQX 4,145]

3 hours ago, SilentSiren said:

Does anyone know if I should submit the I 485 first and then just after let the NVC now,

Letting NVC know is optional. For example:

"our file - including some original documents - is still in Paris...We thought the USCIS would have to ask the Embassy in Paris to transfer the case back through NVC and that it would take weeks if not months. Turned out everything was already here in the digital form and was considered by the interviewing officer."

 

So just go ahead and submit the following. I-864 is filled-out by the US citizen, and the rest of the forms are filled-out by the immigrant. In general, send the following three packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-485 with I-130 approval notice, I-864 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

 

She'll eventually have to go to a doctor that has Civil Surgeon designation from USCIS. https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4

Timing of the Submission of the Medical Examination Report

Applicants may submit the Form I-693 medical examination report to USCIS:

• Concurrently with the immigration benefit application; or

• At any time after filing the immigration benefit application but before USCIS finalizes adjudication of that application. If not submitted simultaneously with the immigration benefit application, applicants may bring the medical examination report to an interview or wait until USCIS issues an RFE requesting the medical examination report.

Edited August 14, 2021 by HRQX

[HRQX 4,145]

***I have moved this topic to AOS from tourist forum*****

[Ontarkie 13,931]

~~Related question merged~~

[SilentSiren 0]

Thank you so much on your detailed explanation . In the I-485, there is one question that they ask “have you ever applied for an immigrant visa to obtain permanent resident status at a U.S. Embassy or consulate abroad?” in this case since I started the process as consular processing, should my answer be yes, or should my answer be no since I am switching to AOS? Thanks in advance.

[HRQX 4,145]

1 minute ago, SilentSiren said:

in this case since I started the process as consular processing, should my answer be yes, or should my answer be no since I am switching to AOS?

If DS-260 application form was not yet submitted answer "No" to that question.

[SilentSiren 0]

Ok, I submitted the DS-260 form, so my answer should be “yes”? In that case, it also asks about the decision. The DS-260 form was approved. but I didn’t not finish the consular processing since we did not finish submitting the other documents nor got to the interview process etc. So what should I answer on the decision part “ approved” or “withdraw “ or something else like “didn’t not complete” ? 

[HRQX 4,145]

2 minutes ago, SilentSiren said:

“ or something else like “didn’t not complete” ? 

Yes, something like that. If extra space is needed then there is an Additional info section towards the end of the form.

[SilentSiren 0]

Ok good. Last question, it also asks for “date of decision” , but we didn’t not make a decision until we change our minds once she visits the US and decide to AOJ. Should I just provide a date let’s say when I submit the I-485 or just say N/A?

[HRQX 4,145]

1 minute ago, SilentSiren said:

Should I just provide a date let’s say when I submit the I-485 or just say N/A?

"N/A"

[SilentSiren 0]

Thanks for your reply. Another last question. You said letting the NVC know is optional. If I decide to let them know, should I do it before or after submitting the I 485, and should I just send them an email via their public inquiry or call them instead? Thanks in advance.