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Should I switch to Adjustment of Status from Consular Processing due to NVC delays?

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  • Should I switch to Adjustment of Status from Consular Processing due to NVC delays?

    My husband is a US Citizen and has had to move back to the US for work last year. We decided to do consular processing since I also had to wrap up a few things at home in the Philippines and couldn't make the move ASAP. We filed my I-130 in May of 2016 and the process was going according to the expected timeline. In late December though, I had to submit only 1 additional requirement to NVC (a police clearance from Italy where I lived when I was younger. I actually submitted 1 in my original application, but it wasn't in the exact format they wanted). It has been 8 weeks since I submitted the additional document and I still have not heard from NVC. My husband has been calling every couple of weeks to follow up. He was told that, as of February 10, it's taking NVC an average of 8 weeks to process documents. Mine was actually submitted over 8 weeks ago and still no word.

    My husband and I are getting impatient because we want to start a family soon and are not getting any younger. I was hoping if someone could advise me if it's worth it to change from consular processing to adjustment of status at this point in our application? I have a valid tourist visa. Or does it make more sense for me to continue with consular processing, go to the US and visit on my tourist visa, and just come home for my medical/ interview at the US embassy here? Any advice would be appreciated.

  • #2
    There's a good chance of being denied entry if you try to enter on a visitor visa at this point.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Thanks for the feedback. I filed my I-130 in May and actually visited in September and didn't encounter any problems. I wasn't even asked about my application at immigration. I had not yet submitted documents to NVC then. Is that what will make a difference in terms of possibly being denied entry this time around?

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      • #4
        Follow up

        Originally posted by beapotter View Post
        Thanks for the feedback. I filed my I-130 in May and actually visited in September and didn't encounter any problems. I wasn't even asked about my application at immigration. I had not yet submitted documents to NVC then. Is that what will make a difference in terms of possibly being denied entry this time around?
        Can you please give a follow up as to what happened? Did you attempt to come to the US on a visitor visa? if so any trouble?

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