lengthy i-130 process

[goldyc 0]

Hi All,

It has been over a year since we first attempted the i-130 process with USCIS! It has been lost a few times and so we have submitted it again.

My question is... which is the best way for an Australian citizen to be in the USA with their partner (US Citizen in the Military) whilst the process is in place...ie tourist visa, VWP...etc

As you are all probably aware being away from your partner is very disheartening and i am definitely at breaking point.

Kindest regards

Goldyc

Edited January 9, 2012 by goldyc

[Skyenz 3]

Hi All,

It has been over a year since we first attempted the i-130 process with USCIS! It has been lost a few times and so we have submitted it again.

My question is... which is the best way for an Australian citizen to be in the USA with their partner (US Citizen in the Military) whilst the process is in place...ie tourist visa, VWP...etc

As you are all probably aware being away from your partner is very disheartening and i am definitely at breaking point.

Kindest regards

Goldyc

Hi,

Not sure about being in the US for any period of time, but I had no trouble going to the US to spend Christmas and NYs with my fiance on the VWP. They asked a few questions at the point of entry to check I had return tickets and still had a job and apartment etc in Australia but that was it.

Keep hanging in there!

Cheers

[goldyc 0]

Hi,

Not sure about being in the US for any period of time, but I had no trouble going to the US to spend Christmas and NYs with my fiance on the VWP. They asked a few questions at the point of entry to check I had return tickets and still had a job and apartment etc in Australia but that was it.

Keep hanging in there!

Cheers

Thank you Skyenz,

What are you waiting on in the process and how long has it taken? I love how everything I read contradicts the next.LOL Am waiting on the i-130 but then how long will that take if they loose it again...am so happy to have found this site. to have discussion with people that are in the same situations...... Arggh how hard can it be I've been married to the man for over a year too and apparently that makes no difference...so frustrating.

Best of luck with everything.

Goldyc

[Skyenz 3]

Hey,

I know what you mean about reading contradictory advice. I was a little concerned before I went over for the visit, given some of what I had read on here, but there was no problem with it for me. I told the border guard that we were waiting on a visa but that I was just there for a 2 week visit and it was all totally fine!

We have filed for a K1 visa and received NOA1 on 20 September. Waiting for NOA 2 I met my fiance while he was in Australia on a working visa and we had been living together for a couple of years before he moved back to the US... so I know EXACTLY what you mean about the time apart being terrible and frustrating!

I can't believe they lost yours. That is terrible!

[KLS2010 30]

Just my opinion - but if you are eligible to use the VWP - then use it. Of course you are limited to a 90day stay on the VWP - but I would imagine it would be somewhat difficult trying to get an extended tourist visa when you have a pending immigrant petition. Wanting to stay longer than the 90days that the VWP allows may seem to CO/CBP officers that you aren't really visiting. And I believe that if you were to try to get a tourist visa, and it was denied, then you would no longer be able to use the VWP.

I visited the US on VWP after I was married, but before we had filed our I-130, and had no problems.

Sorry that your original petition was lost . Hopefully you have a quick and smooth journey this time.

[goldyc 0]

Just my opinion - but if you are eligible to use the VWP - then use it. Of course you are limited to a 90day stay on the VWP - but I would imagine it would be somewhat difficult trying to get an extended tourist visa when you have a pending immigrant petition. Wanting to stay longer than the 90days that the VWP allows may seem to CO/CBP officers that you aren't really visiting. And I believe that if you were to try to get a tourist visa, and it was denied, then you would no longer be able to use the VWP.

I visited the US on VWP after I was married, but before we had filed our I-130, and had no problems.

Sorry that your original petition was lost . Hopefully you have a quick and smooth journey this time.

Thank you, on this incredible difficult topic. The more i read it seams to be easier if you go over..then marry..... thats stupid and so terrible to the people that already have loved one they are separated from with RED TAPE.

Do you happen to know if you are in the states on VWP and the i-130 gets processed, can you adjust status? The way i read it from the USCIS i-485 instructions, you can but it would absolutely suck if you accidentally did the wrong thing cause i m sure they would see it as deliberate. Why is there no visa to be with your husband whilst this process is in action, it seems more and more ridiculous. And probably cause I'm running out patience...LOL

Thank you so much for your advice its so lovely to have this group!

Kindest regards

Goldyc

[canadian_wife 1,831]

No, you cannot adjust status if yoru I-130 is approved. You started this process abraod and you must finish it abraod

Keep in mind, entering the US on a non-immigrant visa (even the VWP) with intentions of adjusting status is visa fraud, it can carry a lifetime ban

I am sorry this is so difficult for you, I cannot imagine

Good luck

[jaycali 415]

You're from a VWP country. Use it for all it's worth. The beautiful thing about the VWP is that you don't have to apply for any kind of visa, so you can visit the US, even while a visa is being processed for you.

Of course, they'll be suspicious since you're married to a USC and obviously have immigrant intent. But I'd imagine that having a CR-1 in the works would actually work to your benefit, as it gives you no reason to want to overstay a visa waiver visit and ruin your chances of becoming an LPR a few months later.

[KLS2010 30]

When I first started reseaching this process and learned that it could take up to a year, I started looking for a visa that would allow me to stay in the US while it was processing. Just as you are finding out now - there isn't one

Where are you in the process this time?? How long ago did you file your I-130? Sorry, but as one other poster said - you won't be able to adjust if you are in the States when your I-30 is approved. You will still have to go back to get your police certificate and medical and have your interview.

I would definitely try to visit for the 90days the VWP allows. I think this would be your best chance. Just make sure you take strong ties to prove that you are not intending to immigrate now, just in case you are asked. As one other poster mentioned, showing your NOA1 may be seen as proof that you really are just visiting right now. It may not. It's really up to the CBP officer you get.

It may help you to know that I personally know of 3 people who visited the US while they had their I-130 pending (other VJ members that I am now friends with - 2 are from the UK, and one from Poland). None of them had any trouble. And they all had their visas approved and are now here in the US with their partners!

[goldyc 0]

When I first started reseaching this process and learned that it could take up to a year, I started looking for a visa that would allow me to stay in the US while it was processing. Just as you are finding out now - there isn't one

Where are you in the process this time?? How long ago did you file your I-130? Sorry, but as one other poster said - you won't be able to adjust if you are in the States when your I-30 is approved. You will still have to go back to get your police certificate and medical and have your interview.

I would definitely try to visit for the 90days the VWP allows. I think this would be your best chance. Just make sure you take strong ties to prove that you are not intending to immigrate now, just in case you are asked. As one other poster mentioned, showing your NOA1 may be seen as proof that you really are just visiting right now. It may not. It's really up to the CBP officer you get.

It may help you to know that I personally know of 3 people who visited the US while they had their I-130 pending (other VJ members that I am now friends with - 2 are from the UK, and one from Poland). None of them had any trouble. And they all had their visas approved and are now here in the US with their partners!

Thank you so much for your response! I am considering the trip over in March on the VWP since i have to come back here for a wedding in June will be perfect timing. I really appreciate your thoughts on the matter, and i have also hired an attorney now just so i have someone else to help talk to uscis since they don't talk to us Aliens...lol

I have all my police certificates ready to go and my ds230- and other forms that will need to be handed in to Sydney IV but .......I'm am since March last year waiting on USCIS to do there job! Oh the fun of it all. But thank you once again for your thoughts and advise it is very much appreciated.

Kindest regards

Goldyc

[Darnell 8,480]

My question is... which is the best way for an Australian citizen to be in the USA with their partner (US Citizen in the Military) whilst the process is in place...ie tourist visa, VWP...etc

You can have it good, fast, or cheap. Pick 2.

My answer? VWP, take notice of the dates, never overstay.

[Darnell 8,480]

... and i have also hired an attorney now just so i have someone else to help talk to uscis since they don't talk to us Aliens...lol

alas - they DO talk to the USCitizen Petitioner.

Have you trained up yer spouse to talk to USCIS via Telephone, getting an ISO, a Tier 2 Human, on the phone?

A Tier 2 Human, an ISO, can solve much cr@p, laser-through much foolishness...

Is your USCitizen Spouse Trainable?