Hi, I am a US citizen and my husband enter with H2B visa, I-94 expired on January 2017 but stayed in US, he is not working, he was waiting for USCIS' answer.
We filed I-130 and was approved, NVC just sent us the welcome letter but we want to apply for AOS.
We didn't filed I-485 together with I-130 because we didn't know then that we could do it, we found out until I-130 was approved.
Can we just send I-485 with copy of I-130 approval to USCIS so they can switch our case to AOS instead of consular processing? Or what can we do?
Tranfer from consular processing to AOS in US
in National Visa Center (Dept of State)
Posted
Hi, I am a US citizen and my husband enter with H2B visa, I-94 expired on January 2017 but stayed in US, he is not working, he was waiting for USCIS' answer.
We filed I-130 and was approved, NVC just sent us the welcome letter but we want to apply for AOS.
We didn't filed I-485 together with I-130 because we didn't know then that we could do it, we found out until I-130 was approved.
Can we just send I-485 with copy of I-130 approval to USCIS so they can switch our case to AOS instead of consular processing? Or what can we do?
We will really appreciate your help!