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I-130 filed on my behalf while I was still in the USA, problem?

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Hello everyone, I would appreciate any help. We got married with my husband in June this year. He filed I-130 petition on my behalf while I was still in the USA, but I did not have an intend to stay and apply for AOS. Under number 14 which asks if your relative is currently in us, my husband stated yes and filed out all the information truthfully. Now is the question if it was legal to do so and if the petition is not gonna be denied?

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***Moved from Progress Reports to Process & Procedures.***

**Moderator hat off**

Highly unlikely that this will be a problem.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Did he by any chance file I485 along with the I130?


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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There is nothing illegal to file I-130 here in the US if you are here already, and I don't think it will be denied. If you are married and already in the US at the time of filing then you guys are legally allowed to file in the US than at abroad. I know many people have made too much fear around that if you are as a visitor in the US then you can not file papers here or it is illegal or it would be considered as preconceive intent to immigrate...etc...etc...etc... There is no where in immigration laws it says that its illegal..ok..Millions of people do file here in US if beneficiary is here, even if illegal or on non-immigrant visa. Immigration laws automatically forgives someone's illegal status if that person is an immediate relative of a US citizen. So don't worry about it at all.

What many people don't seem to understand or don't care about, is that it is illegal to enter the US with e.g. a tourist visa or under the VWP with the intent to stay and adjust status. Just because that behaviour is excused if you happen to be married to a USC, doesn't make it any less wrong or illegal to enter the US on a tourist visa with the intent to immigrate. Why do you think so many foreign spouses have issues getting tourist visas or get harassed by CBP when travelling under the VWP?!?! And if it was allowed to enter under VWP or on a tourist visa with the intent to immigrate then there'd be no need for the K-1 or the CR/IR-1.

That's not the issue here though. OP married while visiting the US and is intending to go back to her home country. Presumably because she was only coming to visit and hence still have a home with furniture, a job etc back in her home country. So the question is, will USCIS think that OP is staying in the US and adjusting status, since it was stated on the I-130 that OP is currently in the US. OP, to be on the safe side, I would call USCIS and double check so you don't waste time because USCIS is thinking you are adjusting status.

Edited by mallafri76

Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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What many people don't seem to understand or don't care about, is that it is illegal to enter the US with e.g. a tourist visa or under the VWP with the intent to stay and adjust status. Just because that behaviour is excused if you happen to be married to a USC, doesn't make it any less wrong or illegal to enter the US on a tourist visa with the intent to immigrate. Why do you think so many foreign spouses have issues getting tourist visas or get harassed by CBP when travelling under the VWP?!?! And if it was allowed to enter under VWP or on a tourist visa with the intent to immigrate then there'd be no need for the K-1 or the CR/IR-1.

That's not the issue here though. OP married while visiting the US and is intending to go back to her home country. Presumably because she was only coming to visit and hence still have a home with furniture, a job etc back in her home country. So the question is, will USCIS think that OP is staying in the US and adjusting status, since it was stated on the I-130 that OP is currently in the US. OP, to be on the safe side, I would call USCIS and double check so you don't waste time because USCIS is thinking you are adjusting status.

Oh my god thank you so much for your reply, you can't imagine how much you helped. Although he stated I was in the USA, he put N/A where they asked if I want to adjust status, so I don't think they are gonna get confused or think if I am gonna adjust status or not.

thanks a lot once again!!!

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"What many people don't seem to understand or don't care about, is that it is illegal to enter the US with e.g. a tourist visa or under the VWP with the intent to stay and adjust status"

In theory it does seem illegal and a violation of non-immigration laws to come on tourist visa or as VWP to intent to stay and adjust status, BUT 87% people come to this country ever since like this. Nobody would say or admit that s/he has preconceive intent to stay and eventually adjust their status in the US while applying for a tourist visa, student visa or any non-immigrant visa and under VWP. Further, no many people are lucky to get nonimmigrant visa to come here or as under VWP status, thus they have no option just to sit in their country and wait for consular processing to complete.

"Why do you think so many foreign spouses have issues getting tourist visas or get harassed by CBP when travelling under the VWP?!?"

I came to US more than 30 years ago as a child...and my parents came here 40 years ago...Even back then obtaining a nonimmigrant visa was a hassle and very tough. According to US immigration laws, every nonimmigrant visa applicant is presumed to possess an immigrant intent unless proven wrong to the consular officer at the time of visa application. Further, America has ALWAYS been a melting spot for everyone. Even Europeans came here the same way. So, obtaining a tourist visa is not a problem to only foreign spouses but to everyone. My siblings were never be able to get US visa even though they just wanna come here only for visit. America has a very tough policy on issuing non-immigrant visa. Immigrant visa is a piece of cake and lots of appeals are available if denied but not for the denial of non-immigrant visa. I even wrote a book on US Non-immigrant visa a few years back. As for foreign spouses to have issues in getting tourist visa then it has to do with US immigration laws pertaining to non-immigrant visa. In order to obtain a non-immigrant visa (such as a tourist, student visa...etc.), applicants need to prove that s/he doesn't have immigrant intent, which is none to impossible to prove by foreign spouses of US citizens given that they have pending I-130 petition which is the biggest prove of immigrant intent. That's why they don't get non-immigrant visa except in very rare and exceptional circumstances. Same goes to VWP. Having a spouse living in US and/or pending immigrant visa case does show an immigrant intent, a sure way to deny a non-immigrant visa.

K-1 is for finance, not for spouses for US citizen. And K-1 is still available for fiance of US citizen if they do choose too. CR-1 is not the only option for spouses of US citizen. They could come to US in many more visa, of course temporary one, if they would have need for that. You dont have to agree with me, but if people could have other way to come to US then they would come than waiting for a year for CR-1...at least most people. But those who have no other option than just waiting then there is nothing for them. Why do you think 25 millions illegal are here???? Do you think they have no family who could sponsor for them for green card? Many of them are living here for 25 years or more...have children born here...

OP is just fine when it comes to filing the cases here to adjust status. USCIS thinks nothing. Like weather changes, same circumstances and situations change. OP was here on tourist visa. Later on decided to marry, and now decided to adjust status in the US. Nothing wrong in that, and nothing illegal. Adjusting status is for someone who is in the US.

Well we still decided not to apply for AOS because it seems to be illegal to come on a tourist visa and change the status, except you can prove you didn't have an intend to do that, which I couldn't because I was asked by an immigration officer if me and at that time my boyfriend were gonna marry while i am visiting. If I would have said yes, he might not let me go through, If I say no and then do and apply for AOS, I am pretty sure they have it on their data base and can call up every thing I said back then and that is where you can get in real trouble , am i wrong?

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Yes, you are darn wrong...on many things, which I don't want to spend my time, energy and efforts in explaining anymore. You made a statement above saying that nobody replied or helped, and when I did, you have all these wrong and right...Do what makes you feel right....

well I was very thankful for your help, if you remember, all I am saying after are just my personal thoughts, you told many interesting things i didn't know, no need to get angry at all....

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By the way, you have said that when you came in here then you were asked by the immigration officer if you and your boyfriend has any plan to get married or not, which to you replied no, BUT you still got married. And you also said that they might have your answer in their database. Their question was about you guys' plan of marrying in the US and not about filing, and you did get married despite of saying no to the immigration officer. They didn't ask if you have had plan to file paperwork in the US; instead you were asked if you have plan to get married or not, to which you answered NO, but still got married, isn't it? Anyway, I do not want to further comment on your situation. Good luck...

and thanks for all your energy and time, i don't know why you reacting this way but anyway thanks) and good luck to you too

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