I130 already approved want AOS

[tim131]

Hello, it's a little complex so thanks in advance

Wife is becoming a citizen, ceremony on Thursday. I'm the intednding immigrant, our i130 has been approved but waiting at nvc as we were subject to the f2a category

I'm in the usa on the vwp I don't want to go back and wait it out, can I convert my petition to an aos and do he interview etc here!? Will we have to resend everything??

Any advice much appreciated.

Tim

[rayb]

Since your petition is already at the NVC, changing its status to CR1 and changing to "Immediate Priority, " has to be done through the NVC, rather than USCIS, which would require submitting a copy of your wife's Naturalization Certification to the NVC and asking for confirmation of her changed petition status and your visa class.

Because of your Visa Waiver status, my advice would be to return to your country and be processed for a spousal visa there, rather than risk being an overstay.

On the other hand, if you want to undertake the risk, submit your I-485 here, with copy of the I-130 petition approval NOA and copy of your letter to the NVC requesting status change, and you might succeed in getting processed entirely in the U.S.

--Ray B

Hello, it's a little complex so thanks in advance

Wife is becoming a citizen, ceremony on Thursday. I'm the intednding immigrant, our i130 has been approved but waiting at nvc as we were subject to the f2a category

I'm in the usa on the vwp I don't want to go back and wait it out, can I convert my petition to an aos and do he interview etc here!? Will we have to resend everything??

Any advice much appreciated.

Tim