From consular to AOS question

[guybrush 0]

Hi all.

I am italian and i got married in the US with an american during my VWP, this happened in October 2013. In October 2014, after i solved some problems pending in Italy we decided to apply for an immigrant visa sending the I-130 and i-797. It took them almost 7 months to ask her for additional documents (her previous divorce sentence) and after amost 2 months we got a response. It was accepted and they sent me a letter here in italy asking for more documents (and fees).

The problem is that last December my wife lost her job and other things happened so basically she can't get a new job without me being there. That means i can't send them the documents they want (form i-864).

To work this out through the consolate she's gonna have to have a co-sponsor and i'm afraid it's gonna take months to call me for the interview and all the things till the day i finally get my visa.

Now i was thinking... can't i just go there in the US in the middle of the visa process and change my status?

Of course i'm talking about VWP because i don't have a job and they will never give me a B-1 visa.

What are my options? I'm sick of waiting in my country and being away from my wife only because they take so long.

Thank you in advance for your help.

[newacct 688]

1. You cannot enter on VWP with pre-conceived intention to file Adjustment of Status during that trip

2. Adjustment of Status will also require I-864 so you still have the same problem

[guybrush 0]

But as long as i understand an AOS will forgive me any overstaying of the VWP. That, theorically will give us time. Time is a key factor, that will make her find a new job with me taking care of the problems that she has now at home. So there i wouldn't be afraid of the i-864.
But i'm worried about the pre-conveived intention you mentioned. What makes it not so? I mean it may happen that somebody goes to his wife, loses his job during the vacation and decides to stay with his/her spouse, right???

[ChicagoSarah 127]

If you enter with VWP with intent to immigrate, you're committing visa fraud. You'll have to get through at the border. What are you going to say about length and purpose of stay? Lying to CBP is an illegal and terrible idea.

Also, if you file to adjust based on VWP and are denied, you have no recourse of an appeal. You'll be served papers stating you must leave the country.

Also, you have an immigrant visa pending, proving you did not have immigrant intent seems impossible.

Find a co-sponsor and finish the process. A co-sponsor won't delay your interview.

[guybrush 0]

So apparently no other options?
What really scares me is that they take so long every time. Now they want documentation, then they will call me for the interview, then the medical visit, i don't know what else. I mean just to receive the letter from the NVC it took something like 15 days, i really hope i can be there for christmas...

So apparently no other options?
What really scares me is that they take so long every time. Now they want documentation, then they will call me for the interview, then the medical visit, i don't know what else. I mean just to receive the letter from the NVC it took something like 15 days, i really hope i can be there for christmas...

[Darnell 8,478]

i think you are overlooking the I-864 stuff, ie -

the petitioner is the MAIN sponsor for the I-864 (even if no income) and

a co-sponsor may be obtained, filing an additional I-864 on you.

Suggest you shift a bit, nowish, and obtain a co-sponsor nowish.

[guybrush 0]

Ok, i see. Man that's gonna be tough.

Thank you!!!

[ChicagoSarah 127]

You need to mail back what they want and find a co-sponsor. The less time you take on your end, the less time it will take on their end. You need to check timelines for your consulate since each one is different. No one can guarantee how long it will take, but all you can do is give them what they want as quickly as you can.

[Moustafa/Crystal 65]

I am going I assume you are applying for IR-1/CR-1.

Really the IR-1/CR-1 process is not tough at all. It is time consuming, but if you have all your proverbial ducks in a row...no problem. Timeline is 8 to 14 months from start to finish. If you are to the NVC stage, where you are sending in your IV/AOS package, you only have about 3 to 6 months left...maybe less if you are lucky.

So you will send in your AOS/IV package...pay IV fee...fill out 260...get case complete....get interview date...get medical....go to interview and receive approval...get visa...fly to usa.

Good luck as you complete your journey.

[guybrush 0]

While my wife is looking for a good co-sponsor i was collecting all the documents on my side.

I believe i'm applying for a IR1, not really sure. In the letter it refers to IV Visa.

Anyway i believe the checklist of the needed documents in the letter i received from the NVC is too general, therefore i don't really know what they want from me.

I have my birth certificate, my military documentation, the original marriage license, i'll provide the correct translation for the documents written in italian language, i have the photocopy of my passport, i have the photograps... what else then?

They say Police certificate(s), i called my local police precinct and asked some info, they couldn't tell me anything, i'll call again in the morning but i never heard of such certificates.

Photocopies..... of what?

What else do they need for my visa? I don't have any financial documents to give them (besides the AOS that my wife is going to mail to me).

Thank you.