Help!!

[holly87 2]

Hello all,

Ok, My I-130 has been pending since 16th November 2011, My husband is in the U.S, I am still in the U.K.

We were wondering if it was worth getting me a flight out there and filing for the I-485.

Or could that be risky or more expensive than me waiting solely on the I-130..

Also what would happen if I get there and the I-130 gets approved before we filied the I-485. Would I have to return home?

Any help and advice would be greatly appreciated!

Many thanks!

[belinda63 2,981]

Can you say immigration fraud? Entering on the VWP or a visitor's visa with the intent to immigrate is fraud punishable by anything from no action to a life-time ban from the US. Since you have already filed the I-130 and have shown immigrant intent you might have problems even being permitted to enter the US. If you do you might be pulled into secondary inspection and questioned about your intent. If you answer that you are just visiting and then you file to adjust status, that is a material misrepresentation. If you tell the truth, that you came to get married and stay, you will be on the next flight back home.

Best to just wait a few more months and finish the process the right way.

[holly87 2]

Thanks for the advice, but we are already married and I have been to the U.S while the I-130 has been pending..

In NO WAY do we want to commit fraud, I just don't really understand how to file it, if I DID fly out there, Is there another form to file aswell as the I-485?

We just wanted to ask some questions about the actual process. What is the point of the I-485 if you can get done for fraud if you wanted to go and file it?

Many Thanks.

[kcoyclay1 98]

What the responder is trying to say is that your petition began with you in the UK. Your information on the I-130 showed that you resides in the UK. Adjusting in the US shows intent and becomes fraudulent.

[belinda63 2,981]

To file to adjust status while inside the US would be for persons who came on the K-1 visa (fiance coming with intent and permission to marry and AOS), someone who came here without the intent to marry, found the love of their life, and couldn't bare to leave, persons with certain work visas, etc.

To turn things around a bit, what would be the point of the I-130 if anyone could just fly here and file for a green card without having to wait for the I-130 to be processed?

If you have a mind to try it, read the adjustment of status guide at the top, I still recommend you just wait it out and do it the right way.

[cathy2904 97]

I agree with the other respondents. Amongst other uses, the I-485 is for those who are already in the US, on an employment visa for example, and get married whilst there and remain in the US. It can be (and often is) used by those on a tourist visa but it is intended for those people who get married where there was no intent to do so when they arrived.

Belinda beat me to it!

Edited April 22, 2012 by cathy2904

[holly87 2]

We are going to just carry on down the I-130 route, thanks for the info though..

But, that is why I asked here, so we did not do anything fraudulent.

I was not questioning the point of visas, I just did not fully understand the use of the I-485, thats all.

I get that people have already done the process, know more about the process, but some of us are still learning!

[cathy2904 97]

We are going to just carry on down the I-130 route, thanks for the info though..

But, that is why I asked here, so we did not do anything fraudulent.

I was not questioning the point of visas, I just did not fully understand the use of the I-485, thats all.

I get that people have already done the process, know more about the process, but some of us are still learning!

You should get your NOA2 in just a few weeks now. Things will move much more quickly after that. If you haven't done so already I recommend following the monthly NVC thread. The April one is here: http://www.visajourney.com/forums/topic/360415-nvc-filers-april-2012/

[grrrrreat 109]

We are going to just carry on down the I-130 route, thanks for the info though..

But, that is why I asked here, so we did not do anything fraudulent.

I was not questioning the point of visas, I just did not fully understand the use of the I-485, thats all.

I get that people have already done the process, know more about the process, but some of us are still learning!

Even if you adjust status while present in the U.S., you still have to file I-130 together with I-485, and the I-130 still has to be approved before the application for adjustment happens. It's still a lengthy process. As others have said, entering the U.S. on a nonimmigrant visa or under the VWP with the intent to immigrate is illegal so don't do it.

Adjustment of status is a process established by the government as a matter of fairness, so that people who would be eligible for immigrant visas but are already in the U.S. in a nonimmigrant status may seek legal permanent residency without the need to leave the U.S. and petition for the immigrant visa abroad. It is not for people who are outside of the U.S. As others have said, there is no prohibition against adjusting status from VWP, but entering under the VWP and then adjusting status shortly thereafter is sure to raise questions about fraudulent intent.

Edited April 22, 2012 by grrrrreat

[holly87 2]

We are going to just carry on down the I-130 route, thanks for the info though..

But, that is why I asked here, so we did not do anything fraudulent.

I was not questioning the point of visas, I just did not fully understand the use of the I-485, thats all.

I get that people have already done the process, know more about the process, but some of us are still learning!

Thank you again!!!