options fo rmy case

[Jordandawg05 13]

We got married 7/14 in Jordan and my wife was able to enter the States on her tourist for 6 months. I bought her a return ticket and is planning to return back to Jordan in January. I submited my I130 in September with counslar processing in Amman as she will be returning home. The problem /concern now is her parents ( my in laws) interviewed this week to immigrate and were approved ( they have been waiting for 12 years on thier petition to be processed). As my in laws more than likely will start thier journey next month to settle with thier son in california my wife won't have a 'home' per sey to go back too. When i petitioned i knew the possibility of this situation but it wasn't sold as it is now and i wanted to get peoples opiniong if we are able to ASO based on this. At POE we told the officer that we knew the process and that she would go back home to interview but now this happened. Do we have a solid case to ASO or should we just stick to our plan and have her some how live on her own for few months until she is granted GC.

Thanks !

[Anh map 2,098]

You will likley have to withdraw the first petition and then submit a new petition (and pay the fees).

Will you be successful? Probably. Is there a chance that it could go wrong? Yes (likely a small chance).

[Harpa Timsah 13,258]

If you decide to AOS then you do not need a new petition. The one you have is fine (You would send the I-485 packet with the NOA1 from the I-130 and they will be matched up). It should not be a problem, but you only allude to what happened at POE. What exactly happened?

[Jordandawg05 13]

If you decide to AOS then you do not need a new petition. The one you have is fine (You would send the I-485 packet with the NOA1 from the I-130 and they will be matched up). It should not be a problem, but you only allude to what happened at POE. What exactly happened?

At POE, she went to tourist line and i went to USC line. She was interviewed for 10 minutes and was granted a 6 months visit. When she talked to CBP she explained to the officer that we just got married and she will be returning to Jordan to complete immigration process as we will be submitting the paperwork once we settled. We did submit the I130 and we are still planning to have her interview in Amman but with my in laws situation she won't have a home to go back too - she will have to live on her own for few months or until the GC is issued. so i guess what i am looking for , is this situation change a good valid excuse to ASO in our situation since we know its in the works - when my wife talked to her parents this week they were saying they will come visit for 6 months so when she returns to Jordan in January they won't be there s my inlaws want to start accumilating days to get thier citizenship and not just visit for a month or two.

so in short, we told them shewill be reutning to Jordan to interview/process ( before we knew her parents are issued a immigration visa and visiting ).

[aaron2020 11,651]

Can't her parents hold off moving until their daughter get a visa? Seems to solve the problem without the hassle of withdrawing the petition.

[Jordandawg05 13]

Can't her parents hold off moving until their daughter get a visa? Seems to solve the problem without the hassle of withdrawing the petition.

I don't think thats an option since that will be till the end of April if all goes smoothly to have them visit. They are already making plans to come visit thier son next month and for the holidays.

[Harpa Timsah 13,258]

Yes, that is a valid reason. The situation changed after POE, so go ahead and file. You might want to have this thread moved to the AOS-other forum.

[aaron2020 11,651]

Yes, that is a valid reason. The situation changed after POE, so go ahead and file. You might want to have this thread moved to the AOS-other forum.

This is not my personal opinion - but what a cynical USCIS agent may think.

When she entered the US, she didn't know that her parents had applied for immigrant visas and had an interview scheduled? How is that possible? How did her situation change if she knew all along that her parents were immigrating and she would return home alone? How do we know that she didn't use the tourist visa with the intent to adjust when her parents got their visas so she would not be alone back home?

It's not up to USCIS to prove she had the intent to immigrate at the time of entry. It is her burden to prove that she didn't have the intention to immigrate at the time of entry.

Based on the information provided, it is PLAUSIBLE (I am not saying this is true or accusing anyone of any fraud.) that she used the tourist visa with the intent to immigrate because she knew her parents were immigrating, and she did not want to be alone in her home country.

[Anh map 2,098]

This is not my personal opinion - but what a cynical USCIS agent may think.

When she entered the US, she didn't know that her parents had applied for immigrant visas and had an interview scheduled? How is that possible? How did her situation change if she knew all along that her parents were immigrating and she would return home alone? How do we know that she didn't use the tourist visa with the intent to adjust when her parents got their visas so she would not be alone back home?

It's not up to USCIS to prove she had the intent to immigrate at the time of entry. It is her burden to prove that she didn't have the intention to immigrate at the time of entry.

Based on the information provided, it is PLAUSIBLE (I am not saying this is true or accusing anyone of any fraud.) that she used the tourist visa with the intent to immigrate because she knew her parents were immigrating, and she did not want to be alone in her home country.

And if, as Harpa states, she can file the I-485 and not have to refile and repay, it seems like a logical step.

For peace of mind, the OP should look at the entry stamp, I-94, etc and be sure there are no notations re: adjusting status. There are times when the CBP officer will put something there (and in their system) that the person cannot adjust status. Don't let something like that trip you up and cause stress and trouble.

[Harpa Timsah 13,258]

It actually IS up to USCIS to prove fraud, and not up to the applicant to prove there was none. Preconceived intent, by itself, is also not a reason to deny an AOS.

I don't exactly follow this story about parents and visas and losing a home, but some people are flaky Maybe they just really didn't know when things would happen.

It seems to me if there really was preconceived intent, the OP wouldn't have bothered to file an I-130 by itself.

[Jordandawg05 13]

This is not my personal opinion - but what a cynical USCIS agent may think.

When she entered the US, she didn't know that her parents had applied for immigrant visas and had an interview scheduled? How is that possible? How did her situation change if she knew all along that her parents were immigrating and she would return home alone? How do we know that she didn't use the tourist visa with the intent to adjust when her parents got their visas so she would not be alone back home?

It's not up to USCIS to prove she had the intent to immigrate at the time of entry. It is her burden to prove that she didn't have the intention to immigrate at the time of entry.

Based on the information provided, it is PLAUSIBLE (I am not saying this is true or accusing anyone of any fraud.) that she used the tourist visa with the intent to immigrate because she knew her parents were immigrating, and she did not want to be alone in her home country.

First - yes her parents applied 12 years ago to immigrate BUT it all 'fell' in place this morning right after we filed. So when she entered the US, there wasn't any activity on that end and no interview schedule..etc - she entered late July. the situation changed as her parents got intereviewed and approved for an immigration visa after we submited the I130. We didn't know her parents will be interviewed and approved this quick! never the less it has been 12 years since they applied its not like we 'knew' the US gov is going to issue a visa in September.

[Jordandawg05 13]

And if, as Harpa states, she can file the I-485 and not have to refile and repay, it seems like a logical step.

For peace of mind, the OP should look at the entry stamp, I-94, etc and be sure there are no notations re: adjusting status. There are times when the CBP officer will put something there (and in their system) that the person cannot adjust status. Don't let something like that trip you up and cause stress and trouble.

So no need to refile I130 , just submit i1485 with the a copy of the receipt?

I'll take a look at the I94 but if i remember it didn't have anything other than the date she has to leave the country.

[Jordandawg05 13]

It actually IS up to USCIS to prove fraud, and not up to the applicant to prove there was none. Preconceived intent, by itself, is also not a reason to deny an AOS.

I don't exactly follow this story about parents and visas and losing a home, but some people are flaky Maybe they just really didn't know when things would happen.

It seems to me if there really was preconceived intent, the OP wouldn't have bothered to file an I-130 by itself.

This is what exactly happened - we got married, she came on a tourist visa ( with the intention of goign back home) , we filed I130 and only this week we find out they got approved for thier immigration visa and now scrambling to see what to do ! who would have known that her parents visa would be approved after 12 years right when we filed? we did know that they haev a pending immigration visa but this is the timing that happened. I am just worried if we ASO then we may get in trouble and be accused of misrepresenting or lieing to CBP.

We are still debating whether to ASO at this point, first her return ticket is non refundable so we would lose the ticket back home and she wants to goback home in the summer anyways to visit her sister that visiting from Dubai. if we ASO now can she go back to jordan to visit? would we have enough time i think its called advance paraol? of course there is the extra cost of filing for an ASO as well.. All these factors are coming together.

Thanks everyone for you opinions and thoughts it helps to know that I am not alone in this process !

[Harpa Timsah 13,258]

If you file for AOS, the Advance Parole is free. It will be approved in 3 months. You might to be able to reschedule the return leg of the flight for a fee, but yes, there is lost money that way. On the other hand, you don't need to pay for another flight back here.

You should request this thread be moved to the AOS- other forum.

[Ontarkie 13,902]

Moved to Adjustment of Status from Work, Student, & Tourist Visas from IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports as the situation has changed and they may follow this path.