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Anubislorf

I-130, AOS and visa waiver

By Anubislorf in General Immigration-Related Discussion

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Anubislorf Newbie

Anubislorf   0

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
Posted

Hi i have been reading alot into this and my wife and I are very confused on this subject, It seems when i was home and we got married (i am from the UK and she is from the US) that we could have applied for a adjustment of status and i could have stayed there with her and our children whilst the rest of the visa process was approved. not sure if this is correct but my question is, IS IT possible that once the I-130 is approved we make plans for me to visit her and then when i am there do a AOS? as it says once the I-130 is approved we can then file for the visa and or do an AOS?

MY wife is a US citizen and i am a UK citizen.

obviously having to wait 6 months to a year is very daunting for us and the children.

Relationship:

03/2009 - we met via Online game became friends

05/30/2012 - I visited girlfriend and her kids for a month

06/09/2012 - got engaged

11/03/2012 - I visited fiance' and her kids for a month

11/16/2012 - Got Married in Ohio

11/29/2012 - I went back to England

USCIS:

01/17/2013 - Wife sent in I-130 Sent in Visa Packet to Chicago Lockbox

01/24/2013 - NOA1 Received-Case was received-MSC# (got text message and letter)

03/04/2013 - NOA2 Received-(39 Days)

NVC:

03/08/2013 - Case arrived @ NVC

03/22/2013 - Case # and IIN assigned

xx/xx/2013 - DS-3032 Accepted

03/27/2013 - AOS bill invoice

xx/xx/2013 - AOS bill appears as PAID

xx/xx/2013 - AOS bill Packet Sent

xx/xx/2012 - IV bill invoiced

xx/xx/2012 - IV bill appears as PAID

xx/xx/2013 - IV bill Package sent

xx/xx/2013 - IV bill Package arrives at NVC

xx/xx/2013 - Case Complete

US Consulate London

xx/xx/2013 - Embassy received

xx/xx/2013 - Medical

xx/xx/2013 - Packet III

xx/xx/2013 - Packet IV

xx/xx/2013 - Interview

xx/xx/2013 - Visa in hand

POE

xx/xx/2013 -

Xanax Proficient

Xanax   349

Posted
Filed: AOS (apr) Country: Australia
 Timeline
Posted

Unfortunately you cannot enter the US on a non-immigrant visa with plans to adjust status- that's considered fraud.

If you were currently in the US and decided to stay "spur of the moment" that is a different story.

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

Hi i have been reading alot into this and my wife and I are very confused on this subject, It seems when i was home and we got married (i am from the UK and she is from the US) that we could have applied for a adjustment of status and i could have stayed there with her and our children whilst the rest of the visa process was approved. not sure if this is correct but my question is, IS IT possible that once the I-130 is approved we make plans for me to visit her and then when i am there do a AOS? as it says once the I-130 is approved we can then file for the visa and or do an AOS?

MY wife is a US citizen and i am a UK citizen.

obviously having to wait 6 months to a year is very daunting for us and the children.

It would immigration fraud. You would enter the US on the VWP which requires that you do not have immigrant intent. With an approved I-130 and you entering afterwards on the VWP to adjust would raise a huge red flag as it would be impossible for you to show that you didn't pre-plan this.

Sorry about not knowing that you could have adjusted earlier. Unfortunately, that mistake is going to cause a period of separation.

There is nothing you can do except go through with the process you are currently on.

You can visit the US in the meantime on the VWP. Just don't try to adjust. You've already have an I-130 filed, so the "sudden change of mind" is quite unbelievable in your case.

 
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