I-130 Approved! Can I change from IR-1 to AOS?

[igoyougoduke 1,622]

54 minutes ago, Ho_and_Ka said:

Hello all and thank you for your advice in advance.

 

My wife's I-130 got approved. We opted initially to go the IR-1 route, and have received an email from the NVC with her account number. We haven't submitted the DS-260, I-864, the medical examination (I-693), nor have we applied for her police records yet.

 

 

She is a Japanese National living in Japan right now, and I am a US Citizen living at my home address in the US. I am wondering, can she come to the US, and I submit a  I-485,  I-864,  I-765,  I-131, and do the medical examination (I-693) while in the US?🤔

 

 

I found posts like this
https://www.visajourney.com/forums/topic/762591-changing-from-consular-processing-to-adjustment-of-statud/

that show people who have adjusted status after their I-130 was approved, but it seems they have also submitted their DS-260 already and that they opted to go the AOS route due to cancelled flights from Covid. Since I have not submitted the DS-260 yet, I am wondering how my wife's situation can proceed from here?

 

 

Thank you all for your information in advance🙏

 

As long as port of entry she tells the officer that she intents to adjust status in USA on entry . Not a problem . If the officer decides she can enter then no issues . 
 

[Ho_and_Ka 3]

2 minutes ago, igoyougoduke said:

As long as port of entry she tells the officer that she intents to adjust status in USA on entry . Not a problem . If the officer decides she can enter then no issues . 
 

I thought something like this might be the case. 

 

Are there any documents that would be provided to support the statement?

Edited June 26, 2023 by Ho_and_Ka

[Daphne . 1,710]

2 minutes ago, Ho_and_Ka said:

I thought something like this might be the case. 

 

Are there any documents that would be provided to support the statement?

If she tells CBP that she plans to adjust status from her tourist visa, CBP will deny her entry. Just imagine what that must be like for them after a long flight, you really don’t want this to happen.. Please just move forward with the initial plan. 

[Mike E 11,730]

6 minutes ago, Ho_and_Ka said:

Are there any documents that would be provided to support the statement?

Support what statement?

[Daphne . 1,710]

14 minutes ago, igoyougoduke said:

As long as port of entry she tells the officer that she intents to adjust status in USA on entry . Not a problem . If the officer decides she can enter then no issues . 
 

What do you think will happen if she tells CBP that she plans to adjust from her tourist visa? She’ll be denied entry.. So she’ll get sent back after a very long flight. Why would you even give this advice? 

Edited June 26, 2023 by Daphne .

[Mike E 11,730]

2 minutes ago, Daphne . said:

What do you think will happen if she tells CBP that she plans to adjust from her tourist visa? She’ll be denied entry.. So she’ll get sent back after a very long flight. 

Beats telling a lie to the officer.

[Ho_and_Ka 3]

1 minute ago, Daphne . said:

What do you think will happen if she tells CBP that she plans to adjust from her tourist visa? She’ll be denied entry.. So she’ll get sent back after a very long flight. 

I agree. If that is the approach to change the IR-1 process to an AOS process, that is too risky.

 

If there was some sure-fire way, then that would be a different story.

[Daphne . 1,710]

Just now, Mike E said:

Beats telling a lie to the officer.

Absolutely! I am not suggesting that they should lie. OP should just continue with the process, they’ve made it this far already

[Ho_and_Ka 3]

16 minutes ago, Mike E said:

Support what statement?

Apologies, I was not clear.

 

the statement, "I have completed my I-130 and have started on the IR-1 Immigration green card process. I am entering the country to change the process I receive my greencard through and Adjust Status within the US"

 

Documents that could support such a statement as above. My wife recently came on an ESTA, and, although we brought documents to support our claim that she would return to Japan, they didn't ask her for any evidence.

Edited June 26, 2023 by Ho_and_Ka
politeness

[Ho_and_Ka 3]

At this point, does anyone know where could immigrant visa consular interview wait time estimates be found?

 

Thank you in advance.

[Daphne . 1,710]

5 minutes ago, Ho_and_Ka said:

the statement, "I have completed my I-130 and have started on the IR-1 Immigration green card process. I am entering the country to change the process I receive my greencard through and Adjust Status within the US"

 

Your wife and child are not in the US now, correct? 
 

if no, PLEASE don’t go the route that you just decribed here.. 

[Ho_and_Ka 3]

6 minutes ago, Daphne . said:

Your wife and child are not in the US now, correct? 
 

if no, PLEASE don’t go the route that you just decribed here.. 

Yes they are in Japan

 

I will be continuing through the IR-1 route. 

 

In that effort, I am searching for information about the wait times between being DQ and interview scheduling. 

Edited June 26, 2023 by Ho_and_Ka
clarification

[Ho_and_Ka 3]

7 minutes ago, Daphne . said:

Your wife and child are not in the US now, correct? 
 

if no, PLEASE don’t go the route that you just decribed here.. 

Yea, there's no way I'm dragging my son and wife all the way across the world to take a chance at having them denied.

 

If anything, I'll get them an Airbnb or some different living situation while they wait.

Edited June 26, 2023 by Ho_and_Ka
clarification

[Mike E 11,730]

Just now, Ho_and_Ka said:

the statement, "I have completed my I-130 and have started on the IR-1 Immigration green card process. I am entering the country to change the process I receive my greencard and Adjust Status within the US"

Every non immigrant visitor is presumed to have immigration intent. Her word that she intends to file I-485 will be accepted by the CBP officer. And over 99 percent of the time, the officer will suggest she withdraw her application to  enter the U.S.  (or worse). 
 

Just now, Ho_and_Ka said:

 

Aocuments that could support such a statement as above

Her I-130 and her statement are all it takes.

 

I think the point being made by @igoyougoduke is that when people ask the question that was in your OP, they should ask what will happen if they are honest about their intentions at the port of entry, in addition to being honest to readers of forums like visa journey. 
 

We would never advise lying to an immigration officer.

 

1 minute ago, Ho_and_Ka said:

At this point, does anyone know where could immigrant visa consular interview wait time estimates be found?

https://www.visajourney.com/timeline/irstats.php?history=90
 

311 days between I-130 approval and interview.

 

Japan might be faster. They is just one

record for Japan in the last 90 days, and it is 132 days. 
 

For the past year, for Japan it is 5 cases averaging 124 days.

 

 

[Boiler 43,867]

I actually know someone who did this, turned up on the VWP and said she and her child were staying.

 

Now her Spouse was in the Military and I assume the Officer was very sympathetic. This was a few years back but not sure that matters.

 

Just proves there is always an exception.