Help to understand

[E12E 0]

For the adjustment of status, my wife and I got married in her country, and she has a valid tourist visa for the past 8 years. We have been waiting for the petition approval for 8 months, but we have not received any response yet. The question we have is that in the I-130 application, in the section where the application is submitted, we indicated "adjustment of status," but she is currently outside the United States. What can we do about this? Will this have any impact on our process? Can we opt for adjustment of status after obtaining approval?

[Boiler 45,659]

Nothing you can do as you said that is for people inside the US

[SalishSea 17,928]

9 minutes ago, E12E said:

For the adjustment of status, my wife and I got married in her country, and she has a valid tourist visa for the past 8 years. We have been waiting for the petition approval for 8 months, but we have not received any response yet. The question we have is that in the I-130 application, in the section where the application is submitted, we indicated "adjustment of status," but she is currently outside the United States. What can we do about this? Will this have any impact on our process? Can we opt for adjustment of status after obtaining approval?

No.   She needs a CR-1 visa.   She is not eligible for adjustment of status.   Please read the guides to familiarize yourself with the immigrant visa process.

[Chancy 6,241]

*** Moved from IR1/CR1 Progress Reports to IR1/CR1 Process & Procedures ***

 

1 hour ago, E12E said:

we indicated "adjustment of status," but she is currently outside the United States. What can we do about this? Will this have any impact on our process? Can we opt for adjustment of status after obtaining approval?

 

As your wife is not in the US, adjustment of status is not a legal option for her.  Note that this site's Terms of Service prohibits us from discussing any means that could involve fraudulently bypassing the legal immigration process for beneficiaries currently outside the US.

 

Unfortunately, it seems like you filled out that section of the I-130 incorrectly.  This could potentially result in USCIS requiring an I-824 from you, delaying your wife's visa process for a year or so.  Hopefully not.

 

[pushbrk 12,969]

4 hours ago, E12E said:

For the adjustment of status, my wife and I got married in her country, and she has a valid tourist visa for the past 8 years. We have been waiting for the petition approval for 8 months, but we have not received any response yet. The question we have is that in the I-130 application, in the section where the application is submitted, we indicated "adjustment of status," but she is currently outside the United States. What can we do about this? Will this have any impact on our process? Can we opt for adjustment of status after obtaining approval?

What you do is contact USCIS, and make sure they note she is NOT adjusting status.  If you do not do this, you will essentially double the time between filing and your case getting to the next step at the National Visa Center.