Filing AOS although being on VWP?

[Myopia 93]

Thank you sooo much for your answers.

I'd rather go the less stressful way too, I've read a lot about the CR1 procedure lately and I'm more than lost . So, if we file the I-130 now, as well as the I-129F and I leave the country before my VW expires, is it possible for me to come back once I have everything approved and got my DS-156?

And is it necessary for me to go to my home country or can I apply for the DS-156 in another country? In my case, my dad is living in Panamá and since I have to leave the country, I would go and live with him for the time I have to wait for all the documents. Now, obviously, I'm not a citizen of Panamá, do you think that would be a problem?

Oh god, I'm really sorry for all my questions and for maybe being annoying. I'm just so overwhelmed with the situation and due to the pre-deployment training, the army doesn't allow my husband to have contact with me, so he has absolutely no idea about our situation yet

Knowledge is power. I think you made the right choice for you and your family.

[WhoaIsa 0]

Aaand another question from me (I'm soooo sorry!)

Might it be possible for me to leave before my VW expires and come back on a B-2 visa and THEN adjust my status?

I just looked at the US embassy webpage and I'd qualify for that kind of visa:

B2 Visitor Visa

Travel appropriate for a (B-2) visitor visa includes travel to:

* Tourism or Family Visits

* Medical Reasons

* Participation in Social Events

* Armed Forces Dependents

* Dependents of Crew Members

* Short, part-time Course of Study

* Amateur Entertainers and Athletes

Or would it be the same with the VWP as I obviously now plan to Adjust my status after entering the States with a B2 visa?

[WhoaIsa 0]

Eh, I can answer that question myself now (note to self: less panic, more logic), it would be the same.

So, I think we will first talk to a lawyer and then go the safe way. I don't want to risk anything, even if it means being separated again from each other.

Does anybody know how the expediting process due to deployment works though?

[Harsh_77 716]

Once you start your AOS and then leave the country, it is not a good idea of you trying to enter the country again on VWP or B2 until your AOS porcess is completed.

More than likely your will be refused entry at POE when you have a AOS application in the process.

[Harpa Timsah 13,258]

Once you start your AOS and then leave the country, it is not a good idea of you trying to enter the country again on VWP or B2 until your AOS porcess is completed.

More than likely your will be refused entry at POE when you have a AOS application in the process.

It's not "more than likely." It is absolutely certain you would not be allowed back. Such an act would also automatically abandon the AOS process, so even if they were let back on a fluke, the AOS would be denied and they would be asked to leave the country. OP has not stated that this is her plan.

OP - You cannot use a B2, non-immigrant visa with the intent to immigrate. That is visa fraud. (but I think you figured that out ) Sounds like the CR1 is your best bet. Good luck.

Also, don't bother filing the I-129F - that will slow your process down - the K3 is dead.

[WhoaIsa 0]

Also, don't bother filing the I-129F - that will slow your process down - the K3 is dead.

so it wouldn't be good to file the I-129F too, although we qualify for expedinting processes (military deployment/DoD of National Interest)?

Hahah, I spent so many hours now reading all different posts and topics, I'm still or even more confused. So, the best for us is would be:

*me leaving the country before VW expires

*file I-130 as soon as my husband comes back from his pre-deployment training

*after getting NOA1, request to expedite

and...

wait?

So basically there is no possibility for me to see him before he gets deployed? Or are there even chances that we could get everything through before he deploys in July, so that I can return to the US in July?

Edited March 24, 2011 by WhoaIsa

[Barbara J 115]

so it wouldn't be good to file the I-129F too, although we qualify for expedinting processes (military deployment/DoD of National Interest)?

Hahah, I spent so many hours now reading all different posts and topics, I'm still or even more confused. So, the best for us is would be:

*me leaving the country before VW expires

*file I-130 as soon as my husband comes back from his pre-deployment training

*after getting NOA1, request to expedite

and...

wait?

So basically there is no possibility for me to see him before he gets deployed? Or are there even chances that we could get everything through before he deploys in July, so that I can return to the US in July?

See I told you , that you would get good advice here and I also said the CR1 was your best route tot take. You need to read this thoroughly ok

http://www.visajourney.com/content/i130guide1

When does he get back from pre deployment? before your VWP is up? He also needs to see Jag on post and they will advise the expedite as well.

[WhoaIsa 0]

See I told you , that you would get good advice here and I also said the CR1 was your best route tot take. You need to read this thoroughly ok

http://www.visajourney.com/content/i130guide1

When does he get back from pre deployment? before your VWP is up? He also needs to see Jag on post and they will advise the expedite as well.

Yes, he will be back in the first week of April, if we're lucky already within the last days of March. The army didn't tell us the exact day yet (as they make a huge mystery out of everything ) and we plan (well, I plan cause he really has no idea about me having to leave yet) to see JAG as soon as he gets back to get more information, especially with the whole expedite process

[Brother Hesekiel 2,235]

Whoalsa,

you may be confused about the many posts. Sometimes it's difficult to find a tree in-midst a forest.

It is not impossible to file for Adjustment of Status (AOS) from VWP. There have been many hearts broken lately from people whose petition got denied after an overstay, however, so even I, the adventurous guy here, would advice you to take the the CR-1 route instead.

For it hubby files an I-130 petiton (Petition for an Alien Relative) for you.

Once that's approved, it goes to the National Visa Center (NVC).

They will ask hubby for an Affidavit of Support, the I-864.

Once received and adjudicated, the petition goes to Frankfurt.

They'll ask for paperwork, a medical, and you both will have an interview at the US Consulate there.

Once approved, you travel to the US as a Lawful Permanent Resident (LPR) and will receive your Green Card in the mail.

This is by far the most elegant way. It's cheaper too as you don't have to chill out $1,070 for AOS. You also are authorized to work the moment you arrive, you can get a Texas driver's license . . . all good stuff.

B2 won't be issued to you, as you have immigrant intent. If you lie, you are a dead man in a woman's body. While your application is pending, you can still use the VWP to visit hubby.

Welcome to the Land of Milk and Honey.

[WhoaIsa 0]

... and you both will have an interview at the US Consulate there.

So he has to come to Germany for that? I think they would make an exception, for example, when he is already deployed at the time they set the interview date, right? Or in case he doesn't get leave from the army, if we get an interview date before he deploys.

[yohino 22]

So he has to come to Germany for that? I think they would make an exception, for example, when he is already deployed at the time they set the interview date, right? Or in case he doesn't get leave from the army, if we get an interview date before he deploys.

He will not have to come to the interview, even if he is not deployed yet. Only you are required to be there.

When you send off you I-130 package, make sure you put in an expedite request in there, along with his deployment orders, and a letter from (or atleast signed by) his CO.

Then when NOA-1 ( acceptance reciept) arrives in mailbox, call USCIS Military Hotline, inquire about that expedite.

When petition gets sent to NVC, follow up by asking for a expedite there aswell. If that is granted, you skip all NVC processing and you bring all the paperwork they'd have to go through there directly to the Embassy.

That should speed up the process imensly!

As for visiting while the petition is pending, I don't know how the procentages are but I did it, no problems.

Bring your NOA's (to prove you are doing it the legal way), and if you can have a copy of your husbands orders (to show why you are coming) you should be fine!

Good Luck!

[Barbara J 115]

Whoalsa,

you may be confused about the many posts. Sometimes it's difficult to find a tree in-midst a forest.

It is not impossible to file for Adjustment of Status (AOS) from VWP. There have been many hearts broken lately from people whose petition got denied after an overstay, however, so even I, the adventurous guy here, would advice you to take the the CR-1 route instead.

For it hubby files an I-130 petiton (Petition for an Alien Relative) for you.

Once that's approved, it goes to the National Visa Center (NVC).

They will ask hubby for an Affidavit of Support, the I-864.

Once received and adjudicated, the petition goes to Frankfurt.

They'll ask for paperwork, a medical, and you both will have an interview at the US Consulate there.

Once approved, you travel to the US as a Lawful Permanent Resident (LPR) and will receive your Green Card in the mail.

This is by far the most elegant way. It's cheaper too as you don't have to chill out $1,070 for AOS. You also are authorized to work the moment you arrive, you can get a Texas driver's license . . . all good stuff.

B2 won't be issued to you, as you have immigrant intent. If you lie, you are a dead man in a woman's body. While your application is pending, you can still use the VWP to visit hubby.

Welcome to the Land of Milk and Honey.

Bob I think that is incorrect they wont both have an interview only she will and he will be deployed by then as well.

[Harpa Timsah 13,258]

Just to answer your I-129F question specifically, that process was invented to speed things up when the I-130 approval was taking years. Now, I-130 takes maybe 5 months, the same amount of time as the I-129F. Therefore, if you apply for both, the I-130 will start processing, and then start over once you send in the I-129F, resulting in a longer process. Furthermore, once they get to the National Visa Center, they will close the I-129F, making the whole thing a waste of time. You may still see old information that claims the I-129F thing is faster, but that is no longer the case.

A separate issue if your fiance/husband's deployment. Yes, you can request an expedite for that reason, which has nothing to do with a I-129F. Yohino has good information on how to do that above. Hopefully that will make the whole thing take months less. Bob's advice is good as well, though he misspoke on the need for dual interview (it happens to the best), but the rest of his info is perfect. Good luck.

[MacPara 0]

Keep in mind, if you apply for AOS you'll have to stay in the US until your application has been decided unless you have an approved Advance Parole. If you leave without having applied for Advance Parole (I-131) you abandoned your AOS application and won't be able to re-enter the US on a visa waiver. I think it took 2 months for my I-131 to get approved, which means that this is about the time you'd have to spend by yourself in the US. So, if you're currently holding a job and you have an organized life in Germany, you might want to consider staying there and getting the CR-1 application handled from there while your hubby is on deployment. The work authorization (I-765) that you'd apply for along with your AOS would also take about 2 months to get approved which means you couldn't even seek a job in the States for two months once you started your AOS.

[Amy and Nick 37]

I just wanted to add my story as it has some similarities to yours. You mention consulting a lawyer - but dont always trust what they say!

I entered the US in October on VWP to visit my boyfriend of nearly 3 years. No immigration intent whatsoever. We decided we had had enough of being apart, and he asked me to marry him

Not being sure of the best route, we consulted a lawyer. Being in a small town (no immigration lawyers there!) we paid $90 for a phone consultation. I did a little research on AOS from VWP but to be honest I was quite confused by all the jargon and conflicting stories. The lawyer told us that AOS on VWP would be 100% fine and that as I had no overstay I would definitely be approved (warning signs should have been blinking). After MANY questions about the logistics of it all, we left the call very happy and started planning our wedding.

We booked a church, told our parents, were about 2 days for booking a flight over for my family when a letter arrived in the mail from the lawyer basically stating that everything she told us was wrong, and she would now advise us not to go the AOS route, and that I should instead return to England and file K1

Well, you can imagine our reaction so I wont go into that, but that was the end of our dealing with lawyers. I did MUCH research into AOS on VWP and came to the conclusion that it was just too risky for my liking. While I desperately wanted to stay, the logical side of me knew I had to come back to England and wait.

We decided to go ahead with the wedding (it was all planned so not too much choice!), plus the benefits of the CR1 made it a good choice, and here I sit.

The reason I tell you all of this is because I know how hard the situation is. When you are sitting in the US with your SO, the last thing you want to do is leave, but in the horrible world of visa petitions, sometimes you really have to use your head!

My advice - dont even waste your money on a lawyer! Youve made the sensible choice. Go home, file the I-130, and use that military expedite!!

I wish you the best of luck in this arduous process!