Applying for adjustment of status while visiting hubby in the States.

[Gia2577 12]

Whoever you talked to was full of it, on multiple accounts.

1. it is visa fraud to enter the US with immigrant intent.

2. I-130/I-485 does not need to be file concurrently.

3. You can't come with an approved I-130 and file I-485 "on the spot."

OP: You can file I-485 now and stay in the country, if you want, if you did not enter with the intent to immigrate. You don't need to wait for I-130 approval; you can just send a copy of your I-130 NOA1.

Thanks Harpa, it did sound strange that i and not heard this myself in the past and I was super happy and elated after she told me this but now not so much. I guess it is bogus or perhaps I might make another appointment and see someone else there and ask their opinion as to what I have been told.

I was told that if we got married int he states that you could concurrently apply for both i-130 and i-485. However in regards to adjustment of status now, she said that I needed to be approved first as I have no standing..so god knows what she meant.

Thanks everyone for their advice, I guess its back to the drawing board, i will look into it some more as again i wasn't just told this by a random we were told by a uscis officer during our INFOpass appt.

[Gia2577 12]

Whoever you talked to was full of it, on multiple accounts.

1. it is visa fraud to enter the US with immigrant intent.

2. I-130/I-485 does not need to be file concurrently.

3. You can't come with an approved I-130 and file I-485 "on the spot."

OP: You can file I-485 now and stay in the country, if you want, if you did not enter with the intent to immigrate. You don't need to wait for I-130 approval; you can just send a copy of your I-130 NOA1.

I just re read what you wrote to my husband and we realised that you are right, as she did not mean that the i-130 would be approved on the spot with the i-485 she just meant that you could do them together.. So I'm confused as to why she said we need to wait for approval as whats the difference to the first suggestion.. anyway clear there is some miscommunication here and I need to ask a few people at that office again perhaps. I asked her tp explain herself like 3 times and she explained 3 times this exact scenario.. weird.

[NikLR 13,220]

I'm not attacking you. I'm attacking the stupidity of the person you talked to and want you to NOT follow that advice in the slightest. If you want to file the AOS now, then please you can, certainly. I suggest it actually if you have everything you need and doing so wasn't your intent. (which I can tell it wasn't.) But don't follow this person's advice and I don't want others to try do what they've suggested either.

[Gia2577 12]

I'm not attacking you. I'm attacking the stupidity of the person you talked to and want you to NOT follow that advice in the slightest. If you want to file the AOS now, then please you can, certainly. I suggest it actually if you have everything you need and doing so wasn't your intent. (which I can tell it wasn't.) But don't follow this person's advice and I don't want others to try do what they've suggested either.

I can't file it now, Harpa was not correct. Upon more research tonight (My eyes are going funny from staring at websites all night) it seems the info the lady told me today was more accurate, it can only be filed concurrently with the i-130 straight after marriage OR after you have received an approval notice for the i-130 in the mail and you happen to be in the country. I also found other threads thru google of people in similar situations. Anyway I do understand better what you are saying and what you meant. Just hearing everyone say FRAUD! got a bit much when this lady did not in the slightest mention anything of that nature during our INFOpass in fact she welcomed it. I don't know why. I have seen its also expensive to do. So we will have a think about it all. And yes there was definitely no intent. The intent was to visit my husband leave at the 90 day mark go to Australia and do an interview/medical around NOV/DEC and come back all happy by Jan! How NAIVE that thinking was…….

[Darnell 8,478]

Hi,

I'm gonna post this in a few threads as I'm not sure what to think and welcome any knowledge or advice on this as I was taken aback when I heard this today at our info pass appt.

So I'm Australian and met my husband who is American in Dubai we had both been working and living there a few years. We decided to live in the US as he wanted to return and in January got married in Colorado while on holidays from work in dubai. In Feb we filed the i-130 and in mar the i-129f which we thought would help and it seemed from a lot of research that that was the way to go about things. We and heard nothing until 2 weeks ago when we got a letter saying its been transferred to nebraska.

The plan was to move to New York in July which we did, thinking that by now I would have had everything done and unprocessed and already be looking for work. How wrong were we. We did move everything from Dubai to NY in July with our ignorant thinking this whole green card thing is a breeze not realising the lengthy delay that was about to hit us, I am Australian so have been here on Visa Waiver program and ESTA (90 days) but now have to leave in 2 weeks when it is up. Disappointed it has taken so long we decided to schedule an INFOpass appt and went today here in NYC to find out what the hold up is hoping to get some insight. We came back with a whole bunch of other info that we never expected to hear.

First our immigration lady could not understand why we married here and left back to Dubai and then applied for both the i-130 and k3 (i-129f) she thinks the k3 is pointless. She said it would have been a whole lot easier if I just came here with my now husband and got married and applied for the i-130 together with the i-485 (adjustment of status) in one hit and that if we had done that I would have been processed and legal by now. In fact she said we should have waited till we moved in July and done this all as before July we were still based in Dubai. She did say it was too late to do this now as we have already filed the i-130 and it must be done concurrently. We felt very disappointed that this was even an option and we had no idea. She did explain that coming from Australia my options opened up as opposed to people coming from other countries.

SO what she suggested when my husband asked about me being interviewed here rather than sydney if I was visiting at the time if we could do it here. She actually suggested that since we have already filed the i-130 and have to wait for that approval that once we receive the approval and if I come back to the US (which is what i plan to do after I leave in a couple weeks is return a few weeks later) and am in the US when we receive that approval that I can apply for an adjustment of status (i-485) on the spot before it goes to the NVC and get my employment authorisation and all that and basically just wait out the rest of the process legally and be able to work and get a social security number and all that.

I was shocked to say the least as I did not realise we could do that, i and to keep asking her questions and have her repeat what she was telling me as I was preparing to go back to australia next month and wait out a 6 month separation (because of the delays) from my husband. What I don't understand is if this is legal to do why isn't everyone doing this? Has anyone done this or heard this, as ringing the call centre you only get useless information and not anything like this.

I want to find out if this is the case before i leave, because we had decided if we had to have a big break from each other that maybe I could got o germany and visit my cousin there for a couple weeks and then come back in on visa waiver and stay a couple more months before going to Australia and waiting it out. Otherwise if this is an option I might just go to Australia now and come back to him as soon as its approved as I think its only a couple months away that approval letter. I hope this makes sense.

I'll give you one more crazy thing, that that crazy lady didn't tell you,

but you should know.

Since yer here, take a copy of the I-130 receipt notice, and send in a complete AOS set to USCIS, with the fees and medical exam.

Then you can wait it out, legally, inside the USA. No Consulate visit, just an adjustment of status, with a green card at the end.

Crazy, right? But Oh So Do-able !

[Gia2577 12]

I'll give you one more crazy thing, that that crazy lady didn't tell you,

but you should know.

Since yer here, take a copy of the I-130 receipt notice, and send in a complete AOS set to USCIS, with the fees and medical exam.

Then you can wait it out, legally, inside the USA. No Consulate visit, just an adjustment of status, with a green card at the end.

Crazy, right? But Oh So Do-able !

I went through the pack i was given, and it says that I must not only have a NOA-1 but also an approval of the i-130. She specifically told me to not file this until we receive the approval. Dunno, your the second person saying this.

[Darnell 8,478]

it's true ! I swear ! Can Do !

[Exocet 88]

Ok so wait a second here.. you guys are saying that if while a spouse (beneficiary) is visiting the USC in the US, and the I-130 is approved (NOA2), you can file the I-485 right away and then the beneficiary is allowed to stay in the US?

Am I misunderstanding this?

[Darnell 8,478]

that's one variant that works, but not the variant I described (it also works).

[simv 0]

Yeah thats what I find weird about this whole advice thing. The thing is why would she even suggest that? Especially seeing she works at the department of immigration? She didn't say it in a sneaky weird way she said it matter of factly and when I asked questions asking her to explain in layman terms she made out like it was no big deal. Just a 'if you're in the US when your husband receives the approval letter, you can apply for adjust of status to stay permanently' she even sent me downstairs to get the pack which is the i-485 fromt he front office and we asked them for it with that intent explaining why we need the pack and he said ' yep sure this is what you need'…. I think from what i've researched its fraud if you come in the country with one type of visa and marry someone straight after you get here and then apply for an adjustment of status.

She said that we have been married a year and being Australian it was not a big deal… so i wanted to check this info out. I think i may contact an immigration lawyer and ask their advice. I have looked up infer for adjustment of status also and basically it says that if you enter the US legally (such as an australian on a visa waiver) and have not overstayed that you qualify for an adjustment of status..

She also only suggested it when my husband asked if I HAD to do my interview in Sydney, if I could get it changed to do ti here..thats when she suggested the adjustment of status..

All i have to say is that the lady is right .. i have bein in us long enough to know that .. i dont know why every one keps telling that its not ..if you are here and marry a us citizen you can be on any visa and do an adjustment of status .. but o well

[simv 0]

I'll give you one more crazy thing, that that crazy lady didn't tell you,

but you should know.

Since yer here, take a copy of the I-130 receipt notice, and send in a complete AOS set to USCIS, with the fees and medical exam.

Then you can wait it out, legally, inside the USA. No Consulate visit, just an adjustment of status, with a green card at the end.

Crazy, right? But Oh So Do-able !

Why dosent any one accept this its true .. it been done here in US all the time .

[Darnell 8,478]

Always, the issue is intent at the POE.

[simv 0]

Ok NLR I get your point, I feel like you're attacking me, I am just relaying to people in the forum what I was told today in the info pass appointment, as I said I was not told this is a sneaky hush hush way it was said very matter of fact by a couple people there. I guess because my intent in being here is not bc I intend to stay its because I'm visiting my husband and she knows that. We worked for airlines int he past and get cheap tickets and so I'm here until I have to leave again which is in a couple weeks in which I will be going for a job in dubai for a couple weeks (I am a stylist in dubai) and then I will be back where to spend christmas and new years with my husband before going back to Oz to wait it out. I think perhaps she may have mentioned this as an option because I am currently here with my husband in the US and he asked her if I had to do my interview in sydney when the time came or if I could transfer to have it done here, thats when she came through with this information.

I don't think she is trying to commit fraud (I don't see any reason for her to advise this seeing as she is an immigration officer) and I am certainly not, i just wanted to hear if anyone else had heard this 'advice' or it being done before. Thanks though for the reply I appreciate your concern.

Hi i was brought up in dubai .. and have bein here in U.S for a while what the lady told you is correct there is no fraud .. like you said she works for the USCIS i think she would know better that to give wrong advice if you go again another officer would tell you the same ....

[Kaylara 814]

Ok so wait a second here.. you guys are saying that if while a spouse (beneficiary) is visiting the USC in the US, and the I-130 is approved (NOA2), you can file the I-485 right away and then the beneficiary is allowed to stay in the US?

Am I misunderstanding this?

That appears to be what they're saying.

[Kaylara 814]

Hi i was brought up in dubai .. and have bein here in U.S for a while what the lady told you is correct there is no fraud .. like you said she works for the USCIS i think she would know better that to give wrong advice if you go again another officer would tell you the same ....

Seriously? I've been told one lie after another by the USCIS. The people there couldn't find their own ### with both hands. I've been given entirely conflicting information from one day to the next. I wouldn't trust anything that seems like it's too good to be true, especially from the USCIS as they're entirely full of ####### about 90% of the time.