Several questions

[dferryhaj 0]

Hello all!

I married my Italian wife who I met in France at university here in my hometown of Philadelphia in August 2022. Shortly after, I petitioned for the I 130 visa for her. A few questions -

My job is constantly having me travel so our decision to get married here was kind of last minute. My wife is Italian and not here on any sort of visa, besides ESTA.  We filed our application and according to the USCIS site, our wait time is four months (but seeing most people's posts, it probably will be longer). We filed online, but on the bottom of our receipt, it says that the Potomac center is handling our application. My wife is currently here studying online at her university in France, but she would like to begin working here as it is much more relaxed than in France. Soon, it will be three months that she has been here, and we are wondering if we should go back to France/Italy for a bit to not get in trouble...

 

Is there any way that she can work while waiting for an answer from the I 130? She got a job offer but has no work authorization. 

 

Can she go back home and visit her family, and then come back without any issue? Or, can we travel to Europe and come back sans problems?

 

Do any other applications need to be filed? We have added all birth certificates, pictures of us, 2x4 pictures, our marriage license, background checks, our lease, her phone bill, and pretty much anything else pertinent to supported documents. 

 

Perhaps it is important to add that I myself, an American, hold a visa in France and can travel freely there and back and stay without problems for a few years still. 

Thank you! All help and advise is appreciated.

Edited November 21, 2022 by dferryhaj

[Chancy 6,241]

6 minutes ago, dferryhaj said:

My wife is Italian and not here on any sort of visa, besides ESTA.

 

If your wife is in the US on ESTA and the I-130 petition is the only paperwork filed with USCIS for her, then she cannot stay here beyond the maximum duration granted by CBP (likely 90 days from US entry).

 

As you know, she cannot work here while on ESTA.  Filing I-130 by itself does not grant work authorization or any other immigration benefits like authorization to stay in the US.

 

You both need to decide what your priorities are, with respect to ability to work and travel internationally, then share them here so others can advise on the appropriate immigration path for your wife.

 

[Boiler 45,646]

Rolling the dice if you are thinking of multiple 90 day VWP's

[dferryhaj 0]

1 hour ago, Chancy said:

 

If your wife is in the US on ESTA and the I-130 petition is the only paperwork filed with USCIS for her, then she cannot stay here beyond the maximum duration granted by CBP (likely 90 days from US entry).

 

As you know, she cannot work here while on ESTA.  Filing I-130 by itself does not grant work authorization or any other immigration benefits like authorization to stay in the US.

 

You both need to decide what your priorities are, with respect to ability to work and travel internationally, then share them here so others can advise on the appropriate immigration path for your wife.

 

I appreciate your honesty. To avoid breaking any rules, we have considered going back to Europe soon where I can work and we can both legally stay for longer periods of time, until we receive a response for the I 130. Our priority at the moment would be getting her spousal visa/green card/legal residency in the US set up. 

[dferryhaj 0]

21 minutes ago, Boiler said:

Rolling the dice if you are thinking of multiple 90 day VWP's

I appreciate the honesty. We were thinking about going back to Europe for a bit until we receive a response. Legally, could we come back to the US in between now and receiving a response (given that she stays less than 90 days upon reentering the US)?   

[Boiler 45,646]

11 minutes ago, dferryhaj said:

I appreciate the honesty. We were thinking about going back to Europe for a bit until we receive a response. Legally, could we come back to the US in between now and receiving a response (given that she stays less than 90 days upon reentering the US)?   

Legally as long as the VWP is valid and she has an approved ESTA she can seek entry.

 

[Chancy 6,241]

25 minutes ago, dferryhaj said:

Our priority at the moment would be getting her spousal visa/green card/legal residency in the US set up.

 

If your wife wants to stay in the US while applying for a green card, she may do so legally by filing another form asap.  BUT, for several months up to a year, she may not work and may not leave the US without abandoning the GC process.  If the restriction on work and travel is not acceptable, then best for her to return to Europe before her 90 days are up.

 

[dferryhaj 0]

5 minutes ago, Chancy said:

 

If your wife wants to stay in the US while applying for a green card, she may do so legally by filing another form asap.  BUT, for several months up to a year, she may not work and may not leave the US without abandoning the GC process.  If the restriction on work and travel is not acceptable, then best for her to return to Europe before her 90 days are up.

 

What is the other form? 

[Boiler 45,646]

2 minutes ago, dferryhaj said:

What is the other form? 

I485

[Chancy 6,241]

2 minutes ago, dferryhaj said:

What is the other form? 

 

I-485.  Only if you are both willing to accept the restrictions on work and travel.  She may also file I-765 and I-131 to be able to work and travel freely sooner, but that could still take several months.