If you are physically present in the United States and will apply for adjustment of status with USCIS, then your case will not be processed by the NVC and you will not apply for an immigrant visa. Do not pay any fees or submit any forms to the NVC. Notify the NVC by email or mail as soon as you decide to pursue adjustment of status.

If you plan to apply for a Provisional Unlawful Presence Waiver, you must submit proof of payment of your IV application fee with your provisional waiver Form I-601A application to USCIS. After you pay the IV application fee online, you can print your payment confirmation from the Consular Electronic Application Center (CEAC). Visit the webpage, Provisional Waiver–NVC FAQs  (PDF - 196 KB) for more information. A Spanish translation is available here  (PDF - 203 KB). USCIS will notify the NVC that you have applied for a provisional unlawful presence waiver.

Immigration and Nationality Act (INA) section 203(g) provides that the Secretary of State shall terminate the registration (petition) of any alien who fails to apply for an immigrant visa within one year of notice of visa availability. The petition may be reinstated if, within two years of notice of visa availability, the alien establishes that the failure to apply was for reasons beyond the alien’s control. Therefore if you do not respond to notices from the NVC within one year you risk termination of your petition under this section of law and would lose the benefits of that petition, such as your priority date.