Filing AOS whilst non-US spouse is in home country?

[worriedsoul 1]

Hi all,

Have been reading the forums for a while, but just signed upto post. My wife (USA) and I (UK) got married in my hometown in England at the end of 2011. Both families were present and it was a joyous occasion. My wife came here on a marriage visit visa.

We have sent off the I-130 et al and waiting on the receipt. My legal advisors are applying for adjustment of status for me, as they say if approved, I can "wait out" the process in USA whilst it's approvewd, rather than be separated from my wife and her daughter during this time. I was told upon original receipt, and petitioning for AOS, it takes around 4 months.

I've done a lot of reading up and I've never heard of this whilst the non-US spouse is being petitioned in their home country, is this possible?

Thanks for reading and graciously await your helpful responses

TWBT

[Penguin_ie 5,986]

Your legal advisors don't know what they are talking about, dump them.

Adjustment of status requires a status to adjust from. You are not in the USA, so you have no status to adjust from. What you CAN do to speed things up is file DCF (directly with the embassy): http://www.visajourney.com/content/dcf

[worriedsoul 1]

Your legal advisors don't know what they are talking about, dump them.

Adjustment of status requires a status to adjust from. You are not in the USA, so you have no status to adjust from. What you CAN do to speed things up is file DCF (directly with the embassy): http://www.visajourney.com/content/dcf

Thank you for your response, this is what I thought. I am not paying for these services, just friends who work in the field. My wife lives in USA with her daughter, so DCF isn't possible, from what I understand. TBH I'm not really sure where I stand, I'm a bit confused now.

[Penguin_ie 5,986]

Ah sorry to confuse you, as you mentioned your wife coming over to the UK on the marriage visa I assumed she was staying with you, my mistake. You will file for the CR- if married less than two years, or IR-1 if married more than two years. The process from filing to interview talked about 7-9 months, but can take a bit less, or a lot more if you don;t send forms back immediately when requested. Here is an overview: http://www.visajourney.com/content/i130guide1

[ceadsearc 515]

Agree with Penguin. You can visit the US while the CR-1 is pending though as long as you do not overstay. You will need to bring proof of strong ties to your country when traveling to prove you intend to return and not overstay.

[worriedsoul 1]

Agree with Penguin. You can visit the US while the CR-1 is pending though as long as you do not overstay. You will need to bring proof of strong ties to your country when traveling to prove you intend to return and not overstay.

I am not allowed to travel on the visa waiver program due to having my B1/B2 cancelled, would that change my ability to be able to visit USA?

Thank you for your response.

Ah sorry to confuse you, as you mentioned your wife coming over to the UK on the marriage visa I assumed she was staying with you, my mistake. You will file for the CR- if married less than two years, or IR-1 if married more than two years. The process from filing to interview talked about 7-9 months, but can take a bit less, or a lot more if you don;t send forms back immediately when requested. Here is an overview: http://www.visajourney.com/content/i130guide1

Thank you so much pengiun, this was pretty much what I have been going off, and this adjustment of status plan had really thrown me off. 7-9 months, really? I thought it was at least a year?

[Penguin_ie 5,986]

No if you make sure you are prepared (get police certs ahead of time, make sure you have everything ready for the enxt step), it definitely shouldn't take a year.

As you had a B2 canceled (why? when? It is unlikely, but could impact your spousal visa, say if you were deported or there was miss-representation), you'd need to get another B2 to be able to travel.

[worriedsoul 1]

No if you make sure you are prepared (get police certs ahead of time, make sure you have everything ready for the enxt step), it definitely shouldn't take a year.

As you had a B2 canceled (why? when? It is unlikely, but could impact your spousal visa, say if you were deported or there was miss-representation), you'd need to get another B2 to be able to travel.

I was asked to remove my request to enter the country at POE last August due to the fact the INS officer felt I had been spending too long in the country on my B1/B2. I realise this impacts my case a little but I have that in order evidence wise.

Edited April 25, 2012 by worriedsoul

[worriedsoul 1]

I was asked to remove my request to enter the country at POE last August due to the fact the INS officer felt I had been spending too long in the country on my B1/B2. I realise this impacts my case a little but I have that in order evidence wise.

So, I guess with this in mind, it would be inadviseable to apply for another immigrant visa to visit, and to wait out the CR1 process..?

Edited April 25, 2012 by worriedsoul

[Darnell 8,478]

So, I guess with this in mind, it would be inadviseable to apply for another immigrant visa to visit, and to wait out the CR1 process..?

No such thing, alas.

[worriedsoul 1]

No such thing, alas.

sorry.. typo!

[Penguin_ie 5,986]

**** Moving from AOS to CR-1 forum as OP now knows this is the process/ visa they need ****

You can try- if you have the money, go for it as all they can say is no, and a denial won't affect your spousal visa.

[worriedsoul 1]

**** Moving from AOS to CR-1 forum as OP now knows this is the process/ visa they need ****

You can try- if you have the money, go for it as all they can say is no, and a denial won't affect your spousal visa.

really? I was advised by the INS officer at POE not to try to return to usa for upto a year as they would probably deny me again at POE, which has nearly passed. if i were to successfully apply for a b1/b1 again, and visited usa, what maximum length of trip/stay would be recommended?

thank you so much for your help.

[ceadsearc 515]

really? I was advised by the INS officer at POE not to try to return to usa for upto a year as they would probably deny me again at POE, which has nearly passed. if i were to successfully apply for a b1/b1 again, and visited usa, what maximum length of trip/stay would be recommended?

thank you so much for your help.

It's at the discretion of CBP when you enter - "normal" is 6 months but if you have a record of spending a lot of time in the US they might give you less, if they admit you at all. You might get 3 months, a month, or they could decide they think you will attempt to adjust status when you arrive and turn you back. So, given your history, it is a risk but if you can afford it, you can by all means try for the visa first of all.

[worriedsoul 1]

It's at the discretion of CBP when you enter - "normal" is 6 months but if you have a record of spending a lot of time in the US they might give you less, if they admit you at all. You might get 3 months, a month, or they could decide they think you will attempt to adjust status when you arrive and turn you back. So, given your history, it is a risk but if you can afford it, you can by all means try for the visa first of all.

Yeah, I'm thinking it's probably prudent to leave it and just have my partner visit here in England periodically, which is tough as she works full time and has a daughter. If we do this, it'll be August (my birthday) when I next see her and we haven't been together since she was here in January, and I'm already concerned at how flakey this looks. I'm already expecting a royal grilling over getting married a few months after being asked to remove my request to enter USA at POE last August, I figure it'll throw up another red flag if I try to concurrently apply for a B1/B2 whilst filing CR1. Any advice?

Thanks for your continued help guys, much appreciated!

Yeah, I'm thinking it's probably prudent to leave it and just have my partner visit here in England periodically, which is tough as she works full time and has a daughter. If we do this, it'll be August (my birthday) when I next see her and we haven't been together since she was here in January, and I'm already concerned at how flakey this looks. I'm already expecting a royal grilling over getting married a few months after being asked to remove my request to enter USA at POE last August, I figure it'll throw up another red flag if I try to concurrently apply for a B1/B2 whilst filing CR1. Any advice?

Thanks for your continued help guys, much appreciated!

Another thing, my VISA wasn't the problem, it was a 10 year B1/B2, it was the INS officer asking me to remove my request to enter the country as he felt I had been spending too long in the country as a tourist. There's a good chance if I got another B1/B2, I'd just get refused entry again at POE, I guess?