Is there anyway that if you come to the USA on an I-129F, waiting for the approval of a Ban waiver, that you can work?...My husband and i would like to come home on our i129 but as far as i know he cant work, and that for us means we cant go.....The I-130 is already approved except the interveiw. But i need to know if there is a way he can work whe we come home!...I am desperate please help, i only have 30 days!



PLEASE REPLY!

You cannot enter the country until the waiver has been approved and the visa has been received.

If he receives a K3, once you arrive in the US and complete his adjustment of status, he will have work authorization and he can work.

Lonely-in-Ireland,

An I-129f is a petition to the USCIS, not a visa - one cannot "come to the USA on an I-129f".

Yodrak

Married 2yrs 11 months. Are you pursuing IR1?

pop your timeline in as this post is abit confusing, are you about to have your IR visa interview? have you already had a K3 interview and submitted a waiver?
change your filed for... it says K1

Odd indeed. However, reading back through Lonely in Ireland's former posts it appears that she married her alien husband while he was unlawfully present in the USA on a VWP entry that was overstayed by 2 years. Apparently, from what I can grasp, they married in 2004 (his overstay dated back to 2002) hired an attorney that submitted the immigrant paperwork and they were intereviewed for adjustment of status. No decision was made at the interview,m although theirs was videotaped. Lonely in Ireland and her alien husband were awaiting notification of the outcome of the AOS interview, but the alien husband was later picked up, detained and then deported as a result of the overstay.

Normally prior overstays are forgiven, provided the adjustment of status is approved that is. Of course adjusting from VWP gives an alien no right to appeal, so it sounds to me like the AOS was denied for some reason, (perhaps unbeknownst to the couple). Could the immigration attorney have been advised of the status of USCIS' decision, I wonder?

Anyway following the removal, Lonely in Ireland moved to join her husband and wait out the ban, meanwhile they petitioned once more (and need to overcome the 10 year ban). While they are now married and have been for 2 years or more, and she has been out of the country and living with him overseas, they are pursuing consular filing, however, if the petition is approved (and subsequent I-212) he should enter as a PR and will gain authorisation to work immediately.

Caution, I sense that Lonely's residence in Ireland could hamper success of a wiaver.

Did I read somewhere that in the case of marriage to a USC that an overstay cannot be used as grounds for ineligibility to adjust and if so, can it be used as grounds for denial alone without any other reasons? I am assuming that there was also unauthorised employment since it usually goes hand in hand with an overstay but I am thinking it has the same impact as an overstay.

I am not stating any of the above as fact by the way, just thinking out loud really. I'll go see if I can find something.

BTW, I would tend to agree with DM about the USC residing in Ireland while waiting for a waiver. It may be hard to prove a reason for the USC's inability to live there permamently if she has already spent time living there.