Should we file a new AOS now that my wife is here in US?

[healthteacher 18]

Back in April my wife and I sent in a I-130,I-485 package while she was here on a VWP.(We got married while she was here on a VWP it was my idea,and she didn't enter with the intent to do so.)She had to return home suddenly for a family emergency a month later,so we canceled the whole package when she left, (including the I-130,mistakenly thinking that was the right thing do.A very foolish move we found out afterwards!) We re-filed the I-130 in June,intending to re-start the process, do things correctly,and interview in her home country for the CR-1 visa.

My wife arrived in the US for another visit 2 weeks ago,intending to return home again after 2 months to wait for the CR-1 interview in her home country.

Well things have since changed. I had an unexpected financial setback and now both of us traveling back and forth to her home country like we planned will be an extreme hardship.Also,we have decided that we no longer want to be separated unnecessarily if there is an alternative.

So the question is, since my wife entered the US legally,without prior intent to stay,should we try filing the AOS package again?

[Harpa Timsah 13,258]

...

[CC90 90]

Sure.

[Merrytooth 5,748]

http://www.visajourney.com/forums/topic/437715-married-in-us-leftthen-returned-on-vwp-can-i-file-a-i-130-and-adjust-in-us/#entry6319131

Your Hypothetical question comes true.

[belinda63 2,981]

So look at your last thread and remove the hypothetical from it. There is no extreme hardship, we all go through it. There is a legal process to be followed for a person to immigrate which you seem to be willfully ignoring. And if you are having such financial problems how are you going to pay all the fees, the medical, etc. And of course she can't work until she gets her EAD.

What, if anything, did your wife say when she entered the country. This is extremely important. And by the way, this site is monitored so it is very possible your "hypothetical" was noted and will be used as proof of prior intent.

And think of how much of a hardship it would be if your wife were found guilty of misrepresentation and banned for life from coming to the US.

Edited August 13, 2013 by belinda63

[Rebecca616 38]

You filed for a spousal visa and she came to visit and because of financial hardship you're wanting to adjust status based on when she came for the 2 months it wasn't with the intention of staying. Good a reason as any but what do you do about the pending spousal visa is what im curious about. Hope your financial hardship doesn't have a negative affect on the affidavit of support you'll have to file if you choose to adjust status.

[healthteacher 18]

Hey Belinda,are you some kind of wannabe immigration judge? What process am I ignoring?I explained in my post my wife entered without intent to immigrate Why do you insist on beating a dead horse? Can't people just answer the question without all the holier than thou accusations of intent?Please if you have nothing constructive to add, dont bother wasting people's time on your worthless repiles.Yes I have enough resources to pay for the fees,but that wasn't the question.Just stay on topic please.Yes i'm sure every word is recorded by immigration and the NSA.Maybe you and your wannabe immigrataion judge clique will even write to them to be sure.

[healthteacher 18]

Cant people just answer questions without having to sound like a bunch of gestapo agents?While many provide good information,I think some folks here enjoy trying to intimidate people.

[belinda63 2,981]

Your question was "should we try filing the AOS package again?" Sure, what reason would you have not to?

[healthteacher 18]

Since the I-130 was filed in June,do we have to wait for it to be approved before sending the AOS documents,(I-485,I-864,I-131)?

Would they have had to be filed together with the I-130?

Is this doable,or does she have to return to her home country?Of course we want to follow the rules.

[senorappliance 0]

Yes healthteacher,as long as your wife is here legally and you are a US citizen, you can file the I485 form after the 130 is sent.Just include a copy of your i130 acceptance letter with the i485 and they will be treated as if they were sent concurrently from then on.

I too was a little embarrased by some of the snarky answers you received but don't despair,there are lots of good people here willing to help.

Good luck!

[Darnell 8,478]

Cant people just answer questions without having to sound like a bunch of gestapo agents?While many provide good information,I think some folks here enjoy trying to intimidate people.

What's the deal?

You've established a pattern of not only asking questions about how to game the system ,

but you've gamed the system once already.

Now you are taking another opportunity to game the system.

You really expect people to not have reactions to you and your continued attempts to game the system?

Really? Truly ?

Wow. OK.

----

Note to readers - it's exceptionally useful to study this fellas prior posts here. I did, and came up with his pattern of continuous gaming of the system, for 2013.

Edited August 14, 2013 by Darnell

[healthteacher 18]

Oh please, get a life

[healthteacher 18]

ty,ty senorappliance for your advice.It was a relief to finally get a straight answer from someone.

[Xanax 349]

I have to agree with Darnell.

I am all for AOS from the vwp but legitimately but this is ridiculous...