How does one go about the adjustment of status from F-1 category? 8 Answers as of August 02, 2013

I entered USA through F-1 Visa and applied for I-130 petition based on immediate relative having LPR status (F2A category). Now my I-130 petition has been approved and visa number will be available next month. But my spouse received a letter from NVC for further processing of documents and submitting the Affidavit of support ($88) fee. I have a question that if I am physically present in USA and maintaining my F-1 visa status, do I still have to go through NVC processing or there will some other route? Because what my understanding is that NVC processing is for people residing outside of USA and waiting for their immigrant visas.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
If you are in the U.S. lawfully, you may be able to apply for adjustment of status when the priority date is current.
Answer Applies to: California
Replied: 8/2/2013
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
Your understanding is correct. At this point, you have a choice: to file with USCIS an application for adjustment of status (and to inform the NVC that you will not require consular processing) - or to pay the visa fees and prepare for a journey home for consular interview. The process will likely take approximately the same time. The main difference is in the costs: adjustment of status application fee is $1070, much higher than the NVC fees; but, if you adjust status, you won't have to make the round trip to your country. A bit of advice: try to make your decision fast. F2A category will be open on August 1, but it will not stay open very long.
Answer Applies to: New York
Replied: 8/2/2013
Law Offices of Alan R. Diamante, APLC
Law Offices of Alan R. Diamante, APLC | Alan R. Diamante
You are correct about the NVC. If you desire to adjust status, you wife should apply for naturalization as soon as she can. The reason is that you cannot accrue unlawful presence. While you have durational status under the F-1, you have violated the terms since you cannot have dual intent to seek permanent residency while you are on this temporary visa. Someone who entered lawfully and is married to a citizen, is eligible even if he violated the terms of his temporary visa.
Answer Applies to: California
Replied: 8/2/2013
Herrera & Juelle LLP | Carlos Juelle
You are correct. The NVC process is for people outside the US. In your case, you need to do your processing in the US. That process is called Adjustment of Status. You can, as an F-1, adjust status to a Resident in the US.
Answer Applies to: California
Replied: 8/2/2013
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
You use the NVC for consular processing. It is not restricted to those outside the U.S. However, you may be able to adjust your status in the U.S. I would encourage you to meet with an experienced immigration attorney to review your case.
Answer Applies to: New York
Replied: 8/2/2013
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    You should file I-485 after August 1, 2013 to adjust your status and forget about NVC.
    Answer Applies to: California
    Replied: 8/2/2013
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    You can apply for adjustment of status through the U.S. Citizenship and Immigration Services instead if you have maintained lawful status.
    Answer Applies to: California
    Replied: 8/2/2013
    Feldman Feldman & Associates, PC
    Feldman Feldman & Associates, PC | Lynne Feldman
    You can file an I-485 with the I-130 receipt or approval notice and then send a letter to NVC (or email) that you will be adjusting status. If we can help let me know and we will advise procedures, fees, timing, etc.
    Answer Applies to: California
    Replied: 8/2/2013
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