wow they approved you super fast, I have a priority date of July 9, 2021 and even USCIS does not approve me in the same category

Are you Here in the United States or overseas?

@evelyn, Yes it was very surprising. Keep your hopes up, I hear USCIS is speeding up now.

If you are here in the United States, you have lawful presence? If you are you can adjust ( I-485, I-765, I-131) but if you don't have lawful presence you have to apply for a waiver and once the waiver is approved your process is going to be sent to NVC (Consular process).

@Lisa, I'm currently visiting US on a tourist visa, but I'm doing consular processing overseas.

Anthony congratulations hopefully this is my case I hope they approve me soon

lisa abroad

@annela, It was actively reviewed on Jan 22nd, so it took around 5 months.

you could adjust here with your tourist visa, because you'll have a lawful presence, if you hired an attorney he could send a letter to USCIS specifying you can adjust here. I'm sharing this because my case was F2A category also, once my I-130 was approved they sent my case to NVC, the only difference was that I didn't have lawful presence ( I came here with a tourist Visa and I overstayed) I was preparing to apply for waiver but my husband could get his citizenship, so our attorney sent to USCIS a letter explaining that now my husband is US citizen I can adjust here and we sent a copy of citizenship certificate and we filled forms to adjust here. Also my daughter is overseas, her case was sent to NVC and we submitted forms 260 I think and affidavit of support, paid fees. still we are waiting till they request for civil documents, we are not there yet.

how many times was that status updated, mine has been like this for 102 days

@annela my pd is 2/17/2020 California service Center and my I-130 was approved on March 20th this year. Hope they approved yours soon.

@Lisa, I think USCIS follows an unofficial 90-day rule that would prevent me from doing AOS. By the way, how long has it been since your daughter's case was sent to NVC? I'm trying to see how long this NVC process takes.

@annela, Taiwan

@Peter did u expedite your case ?

@Manish, No

congratulations to you

petsr chiu what country are you doing the consular at

@Peter Chiu our I-130 were approved on March 20th 2022, we've been following the steps like I said we submitted form I-260, affidavit of support ( we used the same for both cases for mine and hers), paid fees, we still waiting to hear from them for upload civil documents and medical exams.

@J J, Doing the consular processing in Taiwan

@Lisa, Thank you for providing your detailed process.

@Lisa Modhwadia, are you allowed to visit spouses in the US when thr I-130 is processing? i don’t have a visitor visa yet, will have to apply for it.

@Lisa why didnt you apply for adjustment when you were in visitor visa and had i130 pending? spuse of LPR can apply for adjustment isnt it?

it’s not possible for green card but for citizen only.. green card processing takes 24 months and they are on 2020 June cases.. plus visit visa won’t be granted after I 130 processing

@J A like I said before I came with a tourist visa and I overstayed, overstaying I lost my lawful presence, my attorney explained you can adjust in the United States F2A category only if you have lawful presence in the United States, for example what I could do while I was with tourist visa was changing my status with a student visa, that would give lawful presence for an extended period of time, unfortunately I didn't know what i know now, thanks god my husband is now US citizen and I'm able to adjust here, otherwise my case would be consular and who knows for how long I would have to wait overseas.

So Lisa. While the petition I 130 is pending and I have a tourist visa and My husband is Green card holder, can I overstayed in the USA and lost my visa.... after the husband Get the Citizenship, Can I do adjustment of status ?

@Pe. R you can't overstay because you loose your lawful presence, if you are unlawful presence you can't adjust if your spouse is Green Card holder. What you can do is try to change your status from tourist visa to student visa that would give you lawful presence, consult with an attorney first how to go about it. You can overstay and loose your lawful presence and adjust only if your spouse is US citizen.

@Pe. R if your spouse is going to get soon citizenship so yes you can overstay and adjust, the only thing you have to do is fill adjustment forms and send a copy citizenship certificate, that way USCIS is going to know they must upgrade your case and move from F2A category to immediate relative of US citizen.

Thanks a lot 🙏

wow congratulations! that’s super fast!

@annela, I didn't receive any transfer notification, so I don't know. My attorney said California's 22-24 month estimate is very inaccurate.

@Lisa Thank you for info. @pe. R now a days spouse of green card holder can also apply for status adjustment while i130 is pending or even you can do concurrent filing too. I am also spose of green card holder who applied for status adjustment while I was in visitor visa due to some family problems. you dont need to apply for change to student or anyother status. you can consult with atorney before doing anything for sure

@Sanam Dongol I was issued visitor visa while my i130 was pending though such visa are issued rarely for pending 130 cases. because of some family problem i need to continue may stay in usa so i applied for adjustment of status directly while I was on visitor visa before its expiriy. my case is currently pending at uscis

hey @J A how did you get your visitors visa? did you mentioned you are married and you have a pending I-130 application?

@E K yeah I mentioned clearly that I have a case pending (I-130) but I had some compelling reason that I need to come to USA so Visa officer got convienced and granted me visa. my plan was to return back and come once my petition is approved but those problems didnt get solved in time and need to stay here in usa so I applied for permanent residency ( I-485, I-765 and I-131 ) and these cases are pending at USCIS.

Thank you so much for the explanation, my wife is in the same situation and we were thinking if she could apply. It is just a hope..

@E K visa success rate is less than 1% for such cases but you can try once if you have strong reason for that and you should be able to show strong proof that you will return back after completing your permited stay