New to Forum Looking for Advice

[fantasmal 0]

New update: Turns out filing for her to stay here is just too expensive at the moment. I didn't realize the fee for the I-485 was so exorbitant. We won't be able to come up with the money in time before April 29th. We are still going to do the I-130 of course, however we will need to evaluate our options at this point. I'm pretty heartbroken that I won't be able to see her everyday come the end of May but we are going to soldier-on. If she decides to visit again in July via the VWP, can we still file the I-485 while she is here so she can stay? Or is that pushing it?

[cathy2904 97]

That might be pushing it. If she enters under the VWP with intent to immigrate that would be visa fraud and could cause you a lot of trouble.

[Little_My 463]

So if I am understanding correctly, you are planning to take the CR-1 route instead of AOS?

While this is perfectly fine, and actually according to some, a more "by the book" route than AOS from VWP, in terms of costs remember to factor in the extra flight back as well as other possible cost coming from her going home. However, if she has loose ends to tie up back in the UK, maybe a lease to end, things to pick up, etc., CR-1 might very well be the smarter option at this point.

Regarding your question about the I-485 - No. That train has passed if she does not file for AOS during this trip. Once she has left the US after this visit, she has demonstrated clear intent to immigrate. Not only has she married an American while here, but you two will also have had filed the I-130, so it is 100% clear she is intending to immigrate to the US. Entering the US with a non-immigrant visa - i.e. the VWP - and having the preconceived intent to remain here to adjust status is visa fraud. It's either AOS now, or CR-1. If you take the CR-1 route, it is possible that she would be able to visit the US while the visa is pending, but she would have to leave again and wait out the process in the UK. I believe the acerage processing times are around 9-10 months.

Edited April 3, 2012 by Little_My

[jaycali 415]

New update: Turns out filing for her to stay here is just too expensive at the moment. I didn't realize the fee for the If she decides to visit again in July via the VWP, can we still file the I-485 while she is here so she can stay? Or is that pushing it?

I'd be very wary about doing that.

It's fully legal to adjust status. It's very illegal to enter the US on the VWP with the intent to adjust status. It works like this: When you enter the US under the VWP, you tell the CBP officer that your intention is to visit, and leave within 90 days. Thus, telling the CBP officer you're "visiting" when in fact you're intending to adjust status is considered fraud. A very serious charge.

Basically. If she were to visit in July and you guys decide on a whim to that she should stay, you're ok. As long as you can prove it was on a whim.

The safest route to go if she does have to leave would be for you to file an I-130 petition for her. This will cost $420 at initial filing and you can file it while she's still here. It'll take about 4 - 6 months to be approved, and she can then apply for a CR-1 visa. Once the CR-1 is approved, she can enter the US and will become a legal permanent resident upon arrival. No adjustment of status necessary.

She may visit you on the VWP while the I-130 is in process.People have had various degrees of luck with this, but if she can show sufficient ties to the UK, she shouldn't have too big of a problem. I've visited the US on the VWP while being married to my American wife, no problem. They ask simple questions, I give simple and generic (but truthful) answers.

Edited April 3, 2012 by jaejayC

[fantasmal 0]

What if we wait to file the I-130, would we be able to file the whole AOS packet if she came back on VWP? Or can she not do that anymore by simply marrying?

Edit: Nevermind, this was addressed in the post above mine.

Edited April 3, 2012 by fantasmal