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  • changing in mind on consular process

    Hey mates.
    Here's the deal. My wife and I were married over California during Nov 13.
    We filed I-130 over December while my wife went back to UK.
    She came to visit me two months ago, back in US.
    Since I don't want her to leave again for another half a year, I wonder if we can file Adjustment of status for her over here, and change our minds regarding the consular process.
    She has a visitor visa only, and can stay in US for 3 more months. If she goes back to UK the consular process will take another half a year min, and I pref. her here with me.
    Can we change our minds and move to Adjustment of status process?

    tnx.

  • #2
    While your wife is here in the U.S., have her complete an immigrant medical exam (with a USCIS-listed doctor) and submit forms I-485 with $1,070 fee, copy of receipt Notice of Action for I-130, I-131, I-765, G-325A for her, I-864 with support documents.

    --Ray B

    Originally posted by britishhusb View Post
    Hey mates.
    Here's the deal. My wife and I were married over California during Nov 13.
    We filed I-130 over December while my wife went back to UK.
    She came to visit me two months ago, back in US.
    Since I don't want her to leave again for another half a year, I wonder if we can file Adjustment of status for her over here, and change our minds regarding the consular process.
    She has a visitor visa only, and can stay in US for 3 more months. If she goes back to UK the consular process will take another half a year min, and I pref. her here with me.
    Can we change our minds and move to Adjustment of status process?

    tnx.

    Comment


    • #3
      Hi mate, thanks for your reply.
      So just to clear the things as is, we filed the i-130 while she was abroad. She came back to US for visiting me. the i-130 was approved and I guess it moved to NVC few days ago. They won't blame her for fraud or anything if we do the Adjustment of Status now? as she entered US with a b2 visa (visitor - non immigrant).

      Thank you so much for your help.


      Originally posted by rayb View Post
      While your wife is here in the U.S., have her complete an immigrant medical exam (with a USCIS-listed doctor) and submit forms I-485 with $1,070 fee, copy of receipt Notice of Action for I-130, I-131, I-765, G-325A for her, I-864 with support documents.

      --Ray B

      Comment


      • #4
        Brit Guy,

        So long as there is no evidence that your wife intended to remain in the U.S. and was using the B2 visa to circumvent normal immigration requriements, your conversion submittal should be processed routinely.

        --Ray B

        Originally posted by britishhusb View Post
        Hi mate, thanks for your reply.
        So just to clear the things as is, we filed the i-130 while she was abroad. She came back to US for visiting me. the i-130 was approved and I guess it moved to NVC few days ago. They won't blame her for fraud or anything if we do the Adjustment of Status now? as she entered US with a b2 visa (visitor - non immigrant).

        Thank you so much for your help.

        Comment

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