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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!

:)


29/7/2010 - Married.

USCIS

9/11/2011 - I-130 Sent.

16/11/2011 - NOA 1.

26/4/2012 - NOA2.

162 DAYS.

NVC

7/5/2012 - NVC recieved case.

23/5/2012 - NVC Case Number.

31/5/2012 - A.O.S Paid. (Only due to other expenses)

15/6/2012 - IV Paid. (Only due to other expenses)

18/6/2012 - A.O.S & IV Packs sent to NVC.

9/7/2012 - A.O.S & IV Packs re-sent to NVC (No thanks to the courier...)

24/7/2012 - Checklist recieved. (They actually have everything they need)

25/7/2012 - CASE COMPLETE AT THE NVC!!!!!!!!!!!!!!!!!!!!!!!!!

01/08/2012 - Case left NVC, Recieved Interview Email!!!

79 Days (Including weekends)

7/6/2012 - Medical (London)

24/09/2012 - Interview (London Embassy) CHANGED BY EMBASSY.

10/09/2012 - Interview. APPROVED!!!!!!!!!!!!!

14/09/2012 - Passport and Documents returned to me via courier.

28/09/2012 - Flights booked for Anchorage, AK!!!!!!!!!

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Filed: Citizen (apr) Country: Iran
Timeline

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.

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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.


29/7/2010 - Married.

USCIS

9/11/2011 - I-130 Sent.

16/11/2011 - NOA 1.

26/4/2012 - NOA2.

162 DAYS.

NVC

7/5/2012 - NVC recieved case.

23/5/2012 - NVC Case Number.

31/5/2012 - A.O.S Paid. (Only due to other expenses)

15/6/2012 - IV Paid. (Only due to other expenses)

18/6/2012 - A.O.S & IV Packs sent to NVC.

9/7/2012 - A.O.S & IV Packs re-sent to NVC (No thanks to the courier...)

24/7/2012 - Checklist recieved. (They actually have everything they need)

25/7/2012 - CASE COMPLETE AT THE NVC!!!!!!!!!!!!!!!!!!!!!!!!!

01/08/2012 - Case left NVC, Recieved Interview Email!!!

79 Days (Including weekends)

7/6/2012 - Medical (London)

24/09/2012 - Interview (London Embassy) CHANGED BY EMBASSY.

10/09/2012 - Interview. APPROVED!!!!!!!!!!!!!

14/09/2012 - Passport and Documents returned to me via courier.

28/09/2012 - Flights booked for Anchorage, AK!!!!!!!!!

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Filed: Citizen (apr) Country: Jamaica
Timeline

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.


STANLEY & KAREN
01/15/2009 - Fedex I-130, I-485, I-693, I-864, I-765, G-325A
01/20/2009 - Received in mail-room and signed for by J CHYBA
01/28/2009 - Checks cashed by Homeland Security
02/02/2009 - Received in mail 3 pcs of NOA1 one each for I-485, I-130, I-765 dated 01/28/2009
02/03/2009 - Received email RFE. What did I not send now, whew!
02/09/2009 - Received mails for initial evidence and Biometric appointment (02/19/2009); mailed evidence
02/19/2009 - biometrics done - in a out in 45 minutes
03/14/2009 - Receive NOA2 dated 03/10/2009. AOS interview April 29, 2009
03/18/2009 - Touched. EAD Card production ordered
03/25/2009 - Touched. EAD approval sent
03/27/2009 - EAD card received in the mail; applied for SS# immediately (office is across the street from my home)
04/02/2009 - Received SS# in the mail
04/29/2009 - Interviewed. I- 130 approved, I-485 pending IO's review
05/05/2009 - Received NOA2. Welcome letter for Permanent Residency. I-130 and I-485 approved 04/30/2009
05/08/2009 - Touched. I-485 approval letter sent
05/11/2009 - GC received in the mail. Expires 2019
05/11/2009 - Applied to remove restrictions on my SS Card
05/18/2009 - Received unrestricted SS card

10/13/2009 - My darling husband of 2 yrs 5 months 3 weeks 3 days passed away :(

Naturalization Process (5 Yrs Later) :goofy:

Mar 28, 2014 - Mailed N-400
Apr 08, 2014 - Check cashed
Apr 09, 2014 - Receive Notice letter Priority date April 3, 2014
Apr 11, 2014 - Touched - Email - Biometrics letter mailed
May 08, 2014 - Biometrics done
May 12, 2014 - Touched - Email - In line for interview scheduling
July 12, 2014 - Pre-interview letter (Yellow letter) received in mail
Aug 20, 2014 - Touched - Email - Interview scheduled
Aug 25, 2014 - Interview scheduled for Sept. 24, 2014
Sept 24, 2014 - Passed interview
Oct 06, 2014 - Touched - Email - In oath scheduling que
Oct 08, 2014 - Touched - Text - Oath ceremony scheduled
Oct 14, 2014 - Received letter - Oath ceremony Oct 28, 2014
Oct 28, 2014 - I AM A US CITIZEN! :joy: :joy: :joy:
Nov 12, 2014 - Updated my status from permanent resident to citizen at Social Security
Nov 14, 2014 - Applied for US passport
Nov 29, 2014 - Received US passport book
Dec 01, 2014 - Received Passport card
Dec 04, 2014 - Received Naturalization Certificate

--------------------
KayCee

Ccut.jpg.png

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Filed: Citizen (apr) Country: Iran
Timeline

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.

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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 by cathy2904

01/27/2011 - Trevor's N400 submitted
02/18/2011 - Married
04/02/2011 - NOA1 hard copy received - priority date 03/30/2011
07/08/2011 - Trevor is now a USC - called USCIS to request upgrade of the petition.
08/02/2011 - NOA2
09/08/2011 - LND case number received, medical booked
09/26/2011 - Case complete at NVC
09/30/2011 - Interview date assigned
11/08/2011 - Interview - approved!!
11/10/2011 - Visa in hand
12/04/2011 - POE in Atlanta
12/12/2011 - SSN number received in mail
12/12/2011 - Welcome notice received
01/06/2012 - Green card received
09/06/2013 - File for Removal of Conditions
10/01/2013 - Biometrics for ROC
02/03/2014 - Card production email received

02/17/2014 - 2nd card production email received

02/28/2014 - 10 year Green card received

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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!


29/7/2010 - Married.

USCIS

9/11/2011 - I-130 Sent.

16/11/2011 - NOA 1.

26/4/2012 - NOA2.

162 DAYS.

NVC

7/5/2012 - NVC recieved case.

23/5/2012 - NVC Case Number.

31/5/2012 - A.O.S Paid. (Only due to other expenses)

15/6/2012 - IV Paid. (Only due to other expenses)

18/6/2012 - A.O.S & IV Packs sent to NVC.

9/7/2012 - A.O.S & IV Packs re-sent to NVC (No thanks to the courier...)

24/7/2012 - Checklist recieved. (They actually have everything they need)

25/7/2012 - CASE COMPLETE AT THE NVC!!!!!!!!!!!!!!!!!!!!!!!!!

01/08/2012 - Case left NVC, Recieved Interview Email!!!

79 Days (Including weekends)

7/6/2012 - Medical (London)

24/09/2012 - Interview (London Embassy) CHANGED BY EMBASSY.

10/09/2012 - Interview. APPROVED!!!!!!!!!!!!!

14/09/2012 - Passport and Documents returned to me via courier.

28/09/2012 - Flights booked for Anchorage, AK!!!!!!!!!

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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!

:thumbs:

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/


01/27/2011 - Trevor's N400 submitted
02/18/2011 - Married
04/02/2011 - NOA1 hard copy received - priority date 03/30/2011
07/08/2011 - Trevor is now a USC - called USCIS to request upgrade of the petition.
08/02/2011 - NOA2
09/08/2011 - LND case number received, medical booked
09/26/2011 - Case complete at NVC
09/30/2011 - Interview date assigned
11/08/2011 - Interview - approved!!
11/10/2011 - Visa in hand
12/04/2011 - POE in Atlanta
12/12/2011 - SSN number received in mail
12/12/2011 - Welcome notice received
01/06/2012 - Green card received
09/06/2013 - File for Removal of Conditions
10/01/2013 - Biometrics for ROC
02/03/2014 - Card production email received

02/17/2014 - 2nd card production email received

02/28/2014 - 10 year Green card received

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Filed: Timeline

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 by grrrrreat

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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!!! :)


29/7/2010 - Married.

USCIS

9/11/2011 - I-130 Sent.

16/11/2011 - NOA 1.

26/4/2012 - NOA2.

162 DAYS.

NVC

7/5/2012 - NVC recieved case.

23/5/2012 - NVC Case Number.

31/5/2012 - A.O.S Paid. (Only due to other expenses)

15/6/2012 - IV Paid. (Only due to other expenses)

18/6/2012 - A.O.S & IV Packs sent to NVC.

9/7/2012 - A.O.S & IV Packs re-sent to NVC (No thanks to the courier...)

24/7/2012 - Checklist recieved. (They actually have everything they need)

25/7/2012 - CASE COMPLETE AT THE NVC!!!!!!!!!!!!!!!!!!!!!!!!!

01/08/2012 - Case left NVC, Recieved Interview Email!!!

79 Days (Including weekends)

7/6/2012 - Medical (London)

24/09/2012 - Interview (London Embassy) CHANGED BY EMBASSY.

10/09/2012 - Interview. APPROVED!!!!!!!!!!!!!

14/09/2012 - Passport and Documents returned to me via courier.

28/09/2012 - Flights booked for Anchorage, AK!!!!!!!!!

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