AOS from F1student & police record

[jp1979]

Hi,
If a beneficiary spouse is already in USA under f1 student visa & her Immigration i 130 under f2a category get approved + priority date becomes current,then still she has to go with counselor process in her home country (in our case ,India) or she can apply for AOS ,I 485 without leaving USA ??

Also,IF she can adjust her status within USA then does she need a Police clearance certificate from her Home town in INDIA where she spent more then 20 yrs?
or no certificate required as she is in USA for almost 3 yrs now with no criminal history.

Any help is really appreciated, as we are really confuse whether to book air ticket to India right now & get ready to fly or wait for actual correspondence from NVC & then take further step....
So plz someone help & guide us in this situation.

Thanks,
J Parikh.

[BigJoe5]

Anyone currently in the U.S. who is in a lawful status after a lawful entry who has a visa immediately available can file for adjustment of status. The other issue is secondary to her addmissibility. Take it one step at a time.

According to the State Department (for India):

Police Records

Indian Police Clearance Certificates should be obtained as follows:

All Indian IV applicants aged 16 and above, residing in India, should obtain police certificates from the local Passport Office.

Indian passport holders applying for visas outside India should obtain a statement from their local embassy or consulate confirming they have no criminal record.

Non-Indian IV applicants residing in India should obtain police certificates from the District Police Station serving their area of residence.

Indian police certificates are not available for foreign (non-Indian) applicants applying outside India.

[p30patel]

You may file Adjustment of status I-485, As your spouse in already USA. you may. Regarding police clerance certifiate, I do think that you needed. but you might double check.