AOS

[capivzla 6]

Has anyone read carefully or considered Adjustment of Status as a USC Inmediate Relative? What are your thoughts?. This waiting time it's really too long and unknown, It's very difficult being apart for so long. My service center is Nebraska, serving November 2016 Filers right now. 

[BenjaminKeating 114]

25 minutes ago, capivzla said:

Has anyone read carefully or considered Adjustment of Status as a USC Inmediate Relative? What are your thoughts?. This waiting time it's really too long and unknown, It's very difficult being apart for so long. My service center is Nebraska, serving November 2016 Filers right now. 

You do realize a field office processing cases from November 2016 is really good, right?

 

Some offices are processing cases from February 2016. So it doesn't like your wait is that bad in comparison.

[mallafri76 1,012]

Entering the US on e.g the VWP or a tourist visa with intent to stay and adjust status is fraud.

 

With that said, I honestly think that at least 85% of those who do visit and end up adjusting were planning on it right from the start. At least you're being honest about it. I mean unless you're 18 and living with your parents, who can move halfway around the world without preparation?!?!?! Anyway, with current legislation, it's up to CBP on the border to determine your intent, if they let you in with your tourist visa or VWP, it's seems AOSing is fine. It's a very weird law. 

[Russ&Caro 1,549]

22 minutes ago, mallafri76 said:

Entering the US on e.g the VWP or a tourist visa with intent to stay and adjust status is fraud.

 

With that said, I honestly think that at least 85% of those who do visit and end up adjusting were planning on it right from the start. At least you're being honest about it. I mean unless you're 18 and living with your parents, who can move halfway around the world without preparation?!?!?! Anyway, with current legislation, it's up to CBP on the border to determine your intent, if they let you in with your tourist visa or VWP, it's seems AOSing is fine. It's a very weird law. 

I admit the OP's post was a little confusing in regards to talking about being apart and simultaneously complaining about AOS processing times, but I have no idea how you interpreted this as (s)he contemplating visa fraud via a VWP entrance and subsequent filing. FYI, Venezuela, the country listed as the home country in the user's profile, isn't part of the visa waiver program.

[capivzla 6]

13 minutes ago, Russ&Caro said:

I admit the OP's post was a little confusing in regards to talking about being apart and simultaneously complaining about AOS processing times, but I have no idea how you interpreted this as (s)he contemplating visa fraud via a VWP entrance and subsequent filing. FYI, Venezuela, the country listed as the home country in the user's profile, isn't part of the visa waiver program.

Thanks for your reply, I'm currently waiting for our NOA2, we submitted I-130 back in April, I'm not adjusting status, It was just a question, a thought. it's painful being apart and who knows for how long. I read a lot about it, consulted our attorney about AOS, just wanted to know other opinions. That's all.

[Russ&Caro 1,549]

My wife arrived exactly 2 years ago after waiting 13.5 months of processing time btwn USCIS and NVC. The waiting was hard but worth it in the end.

[acidrain 325]

3 hours ago, capivzla said:

Has anyone read carefully or considered Adjustment of Status as a USC Inmediate Relative? What are your thoughts?. This waiting time it's really too long and unknown, It's very difficult being apart for so long. My service center is Nebraska, serving November 2016 Filers right now. 

I feel your pain! I'm stuck in Nebraska with a PD of Feb 2017 and it's ludicrous that service center is 3-4 months behind the others! We pay the same fee like everyone else and those fees go to pay the salaries of people working at the NSC. 

 

Last Jan my ordeal started as I tried to cross a land border with a U-Haul and our family. I was denied in accordance to section 212 (intent to immigrate). I had a lengthy conversation with an exceptionally nice customs official who was straight with me. He said even if he did let us through the burden to prove I was not immigrating at the time I crossed the border is great. Think of it this way, in order to adjust status you must cross the border as a tourist and not an intending immigrant. Since you've already shown your intentions by filing a petition, it will be extremely difficult to convince the person who reviews your case that you didn't plan on staying in the US permanently.

 

I spoke to our lawyer and asked then how do people adjust status legally? He said you must do so from the very beginning and be very careful. It's not to say it wouldn't backfire. An ideal situation would be for the person to plan a normal personal vacation say to Disneyland. The family would go to Disneyland and say "oh wouldn't it be great to move here? let's stay". Since at the time the person crossed the border to go on vacation and not to immigrate this is considered legal. However, if you go around and have goodbye parties, quit your jobs, move out of your place, you risk being exposed. It is also extremely difficult moving your belongings before you get your green card which I did not realize either. After our ideal I thought I could at least ship my spouse's things to him. Our moving company with 20 years experience said no way. I'd have to pay duty on half because I'm a foreign citizen married to a US spouse. It's not to say people's situations can vary. My spouse's cousin was able to adjust status after visiting her spouse when he was gravely ill. He had 2 kids that had to be looked after so they hired a lawyer and was able to expedite. I know for those who adjust status many spend the entire time wondering if it will work out.

 

A person could get lucky and get a person who reviews their case who could care less on the circumstances surrounding the POE. I wouldn't feel as confident with the current political atmosphere. But it's always possible. However, with going through extreme examinations every time I cross the border I understand who you get is completely random. I don't think I will try my odds on who I'd get when filing abroad comes with a lot more certainty.

[Ryan H 3,812]

***Thread closed to additional discussion under the below quoted provision of the TOS.  Do not restart this thread or refer to it in future discussions.***

 

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