Is it possible to switch from Consular Processing to Adjustment of Status?

[QuestionsAbroad]

Hello,

I'm a US Citizen living abroad with my wife. I've petitioned for a green card for her via the form I-130. Since we're both living abroad, we went the consular processing route. The I-130 was approved and we're currently at the stage where we just received confirmation the AOS packet was received at the NVC (so we've submitted the D-261 and paid the AOS fee, still waiting on the invoice to pay for the IV fees). This confirmation also stated that due to a large volume of applications, our packet will likely not be reviewed in less than 60 days. I'm leaving for the US for a job at the end of this month and were wondering if it would it make sense, given the likeliness of this process taking longer than expected, to try and switch from Consular Processing to Adjustment of Status? Is that even possible since we've already paid fees to NVC? If it is possible, does anyone know what the required steps would be and how my wife would be able to enter the States now? Would changing this now possibly end up messing up the progress we've made?

Any information on this would be greatly appreciated!!

Thanks so much!

 

[newacct]

Adjustment of Status requires being in the U.S. With what possible visa will your wife enter the U.S.? She cannot enter on a tourist visa given that she intends to immigrate on it.

 

[Jackolantern]

If she is already in the US, she can switch to adjustment of status by filing the I-485 and associated forms. That will cause the consulate to terminate the consular processing and transfer the case back to the US. The fees paid to NVC would not be refunded.

But if she is outside the US, she probably will be refused entry if attempting to enter with a tourist visa (or visa waiver), due to immigrant intent (as signaled by her participation in the immigration process so far).