Is it possible to change from consular processing to AOS in USA.

[Madame_apple 2]

HI

 

I need an advise whether Is it possible to change from consular processing to AOS in USA..

Petitioner is USC.

Sep 22, 2023 filing I-130 online

Sep 28 2023 receipt of NOA 1

Nebraska service center

December 24,2023 enter USA on tourist visa

(I used to have green card and decided to return it  because We lived outside US. for the last 10 years)

 

My husband and 2  children are U.S.Citizen. .

 

We decided to return to USA  for my children to start school here. . However regarding to my kids situation, they can't stay in USA without me, while I go back to my country to wait for my interview. I really want them to continue their school in USA. So I and my husband want to change from  consular processing to AOS in USA.

 

I entered US. with return ticket and NOA1 (never been asked at the immigration).  I plan to stay in US. only for 5 months and will return to my country to wait for my IR1 interview.

 

my question is

1. Is it possible to change from  consular processing to AOS in USA.?

2 What is the process?

3.Will my case be delayed ?

4. I only entered USA for one month. Will It raise any red flags? when is the best time for me to start AOS process.?

 

Thank you in advance

[Crazy Cat 39,680]

10 minutes ago, Madame_apple said:

I plan to stay in US. only for 5 months and will return to my country to wait for my IR1 interview.

Is this ^^ your plan or is Adjustment of Status inside the US your plan now?

[Madame_apple 2]

Original plan is to stay for 5 months and then go back for interview

But we want to AOS in USA now and want to know the possibility.

[Crazy Cat 39,680]

14 minutes ago, Madame_apple said:

Original plan is to stay for 5 months and then go back for interview

But we want to AOS in USA now and want to know the possibility.

Send the receipt for the I-130 along with the I-485 package.  Also send an I-765 package and an I-131 package.  I assume you know that you cannot work or leave the US for around 6 months.

 

 

Edited February 6 by Crazy Cat

[Madame_apple 2]

thank  you for your response.

 

Is there a time concerning? I read that I may have to wait 90 days until I can file for AOS?

[Crazy Cat 39,680]

Just now, Madame_apple said:

thank  you for your response.

 

Is there a time concerning? I read that I may have to wait 90 days until I can file for AOS?

You do NOT have to wait.  There is no 60 day or 90 day rule. 

[Madame_apple 2]

Will it effect my case timeline or cause any delay?

[Crazy Cat 39,680]

4 minutes ago, Madame_apple said:

Will it effect my case timeline or cause any delay?

I see no reason to think that it would.  Like I said, you cannot work inside the US or go back to Canada for 3 to 8 months...else you will abandon the adjustment.

Edited February 6 by Crazy Cat

[Madame_apple 2]

Ok thank you very much

[SalishSea 16,917]

58 minutes ago, Madame_apple said:

thank  you for your response.

 

Is there a time concerning? I read that I may have to wait 90 days until I can file for AOS?

As long as you were truthful at CBP about your intention, you should be fine.

[Madame_apple 2]

thank you 

[Rocio0010 5,573]

19 hours ago, Madame_apple said:

. Is it possible to change from  consular processing to AOS in USA.?

Yes.

 

19 hours ago, Madame_apple said:

2 What is the process?

Already explained.

 

19 hours ago, Madame_apple said:

3.Will my case be delayed ?

Not necessarily.

 

19 hours ago, Madame_apple said:

4. I only entered USA for one month. Will It raise any red flags?

Not necessarily.

19 hours ago, Madame_apple said:

when is the best time for me to start AOS process.?

 

Anytime. Just be aware that you will not be able to leave the US or work until you either get your combo card/ green card in about 3-8 months

[Madame_apple 2]

Thank you everyone for your kind response.

 

I am trying to prepare the AOS document. I just found out that some form can be filed online : I-131. I -765.

Should I mail in all the documents in one package or should I file online and mail in I-485?

 

Thank you

[Crazy Cat 39,680]

5 minutes ago, Madame_apple said:

Thank you everyone for your kind response.

 

I am trying to prepare the AOS document. I just found out that some form can be filed online : I-131. I -765.

Should I mail in all the documents in one package or should I file online and mail in I-485?

 

Thank you

I don't think you can file those online for your category.  I would just mail all the packages together.

Edited February 7 by Crazy Cat

[OldUser 5,107]

2 hours ago, Madame_apple said:

Thank you everyone for your kind response.

 

I am trying to prepare the AOS document. I just found out that some form can be filed online : I-131. I -765.

Should I mail in all the documents in one package or should I file online and mail in I-485?

 

Thank you

Even if you can, don't do it. This may confuse USCIS. File everything together, so they know I-765 and I-131 don't need additional fees.

Edited February 7 by OldUser