Switching from consular processing to AOS? Can I?

[Bebobra]

Hello,

My USC husband and I (UKC & Canadian PR) married in June 2021 when I came on an ESTA. He filed online to petition me in July 2021. I returned to USA early September for 3 months on ESTA. Can we switch from consular processing to AOS, as we are still awaiting approval of the I-130? We have not filed any other forms.

Just to make it clear I did not have immigrant intent at the border when I arrived in America. I do have a return ticket to Canada.

[newacct]

Yes. Just file I-485.

[Bebobra]

Yes. Just file I-485.

Thank you kindly for your response. Can we file this form now or wait until after approval of I-130?

[newacct]

You can file it now.