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fifers34

Concurrent Filing under Visa Waiver

By fifers34 in IR-1 / CR-1 Spouse Visa Process & Procedures

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fifers34 Newbie

fifers34   0

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Hong Kong
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Posted

Hello,

Quick question for those of you who may have experience with this. My wife and I have been married for 15 years and have 4 children. Due to work, we have lived in Asia for the past 13+ years, but am now in the process of relocating back to the US. There is an urgent need I've been asked to fill and need to be back and working in the US by July 1. I have looked at the direct filing process with the consulate here in HK (as there is no USCIS office here) but that would still take at least 8+ weeks to get all the way through the process. I found on the USCIS website that immediate relatives of US citizens can apply for a change of status after entering the US and file both the I-130 petition and I-485 change of status application at the same time.

I had always understood that anyone on a tourist visa (or visa waiver program entry) can't change their visa status while in the US. But on the instructions for the 485, it states that a spouse or other immediate relative can file this after entering the US under the visa waiver program (wife is Korean, so no tourist visa required to enter US). Has anyone here on the board used this process? It would make our moving back to the US so much easier if we didn't have to worry about filing for her CR1 until after we actually get to the US. I am gathering all the documents we would need as if we are filing here so we have it ready, but would be great if we could just file after we arrive and get settled. Anyone with direct experience with this process or who has knowledge of how it works, I would love to hear from you how it went, how it "really" works, and any downside to be aware of.

Thanks!

NikLR Grand Master

NikLR   13,234

Posted
Filed: Lift. Cond. (apr) Country: Canada
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Posted (edited)

It is fraud to intend to move to the USA without an appropriate visa. So what you propose is illegal and your wife will be turned away when you try to enter. Lying to CBP is also illegal.

Concurrent filing are for those who are already in the USA, not for those planning to move here.

Edited by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

TBoneTX Grand Master

TBoneTX   48,046

Posted
Filed: Citizen (apr) Country: Ecuador
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Posted

The reply above is correct. OP, it's a difficult situation for you, but you have to follow the rules.

This thread has to be closed because of this provision in the VJ Terms of Service: "Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method."

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
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