Can AOS be filed inside the US when petition is F2A based

[bluntman]

Hello,

I recently filed a I130 for my spouse. ( I am a green card holder which puts her under the "F2A" category ).

Until the priority date becomes current, I understand that she cannot come/stay in the US.

However after the priority date is current, Consular processing OR Adjustment of status would need to be done.

Can the adjustment of status be done when she is in the US ( under the 3 months visa waiver ).

Example :

March 2012 - I130 petition filed

June 2014 - priority date is current

July 2014 - spouse comes in the US under 3 months visa waiver program

July 2014 - Adjustment of status (I485) is filed

Thank you

[Belle]

If she enters on a visa waiver, she may not file for AOS. Actually, her entry may be considered improper given that she has a pending or approved I-130.