Changing i-130 CP to AOS while inside the US.

[piham 0]

I traveled to the US for the second time while my application at CP is pending. I arrived in the US 2 months ago on my B2 visa. Now a week ago my parents told me that they cant allow me to stay with them anymore as they dont have space for me. My dads parents started living with them and want to stay for 3 months. My 2 adult brothers and 1 baby brother stay with them too. So 90 sqm apartment is filled with 6 adults and a toddler already. When I used to live there before my trip to US I slept in the living room on the floor. 

I have lost my apartment due to unemployment and I couldnt afford it anymore, thats why I moved back to my parents apartment in a different city (in EU). 

 

When I entered the US this time my intent was to stay here for 2 months and go back to my country to finish my studies (doing my masters currently) quickly, but now that my family cant host me anymore I basically need a new apartment that I really cant afford.

 

We have been waiting for my application to get approved for almost a year now. The recent pause of CP cases makes it seems like we will probably wait another 6 months. I am aware we are almost at the finish line but the current processing times and CP cases rarely getting approved for 2 months now makes me thing that this will take much longer. Another note, my embassy is a fast one it would take 1.5 months from DQ to Interview.

 

Now I would like to ask:

 

• Is it permissible for us to file for i-485 right now? I read in many immigration pages that it is indeed allowed for USC spouses to file even after they filed for CP.
• Is my intent clear enough and will I be excused for entering the US with intent of tourism and then change of plans?
• Will I have to prove my intentions? Do they even ask at the interview?
• Is it seriously even worth it? We would definitely save more money doing AOS than me going back to get a new apartment though.
• Our field office would be in a very red state.. Does that make any difference? Also their processing times average from 6-10 months.

 

Thank you!

[Dashinka 26,700]

1 hour ago, piham said:

I traveled to the US for the second time while my application at CP is pending. I arrived in the US 2 months ago on my B2 visa. Now a week ago my parents told me that they cant allow me to stay with them anymore as they dont have space for me. My dads parents started living with them and want to stay for 3 months. My 2 adult brothers and 1 baby brother stay with them too. So 90 sqm apartment is filled with 6 adults and a toddler already. When I used to live there before my trip to US I slept in the living room on the floor. 

I have lost my apartment due to unemployment and I couldnt afford it anymore, thats why I moved back to my parents apartment in a different city (in EU). 

 

When I entered the US this time my intent was to stay here for 2 months and go back to my country to finish my studies (doing my masters currently) quickly, but now that my family cant host me anymore I basically need a new apartment that I really cant afford.

 

We have been waiting for my application to get approved for almost a year now. The recent pause of CP cases makes it seems like we will probably wait another 6 months. I am aware we are almost at the finish line but the current processing times and CP cases rarely getting approved for 2 months now makes me thing that this will take much longer. Another note, my embassy is a fast one it would take 1.5 months from DQ to Interview.

 

Now I would like to ask:

 

• Is it permissible for us to file for i-485 right now? I read in many immigration pages that it is indeed allowed for USC spouses to file even after they filed for CP.

Since you are in the US now, yes, it is permissible.

1 hour ago, piham said:

• Is my intent clear enough and will I be excused for entering the US with intent of tourism and then change of plans?

Hard to say as it is not up to me.  Overall your story seems clear enough, but who knows what an IO will see.

1 hour ago, piham said:

• Will I have to prove my intentions? Do they even ask at the interview?

They may.

1 hour ago, piham said:

• Is it seriously even worth it? We would definitely save more money doing AOS than me going back to get a new apartment though.

Completely up to you.  Personally, I am not a huge fan of AOSing from a B2... but it is legal.

1 hour ago, piham said:

• Our field office would be in a very red state.. Does that make any difference? Also their processing times average from 6-10 months.

No

1 hour ago, piham said:

 

Thank you!

Good Luck!