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orzxela

Cr1 approval during ESTA visit

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Hello,

My wife and I filed our I-130 in August 2022 through consular processing as we are both in Korea. Our service center is Vermont. 
 

We are planning on a vacation to Hawaii, Las Vegas, and Los Angeles end of Feb/first week of March. Our trip will be for about 6-8 weeks.  We will be entering together and heading back to Korea together once the trip is over. I have a business in Korea and am paying rent for an apartment. 
 

My question is what would happen if our I-130 were to be approved while we were in the US? Would there be no problem? I have heard of some cases where USCIS would automatically change it to AOS and we would have to wait for the 485 to be approved and we would not be allowed to return overseas? 
 

Thanks in advance

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Filed: Citizen (apr) Country: Brazil
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32 minutes ago, orzxela said:

I have heard of some cases where USCIS would automatically change it to AOS and we would have to wait for the 485 to be approved and we would not be allowed to return overseas?

This is not true, not sure where you heard this.  There will be no problem returning to Korea to complete the NVC and consular interview process if the I-130 is approved when you are visiting the US. The only potential issue would be that your wife's entry to the US could be questioned because a pending I-130 shows immigration intent.  It will be up to the CBP officer.  You should take evidence showing her strong ties to Korea (job, ownership of property, etc.).

Edited by carmel34
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Filed: Citizen (apr) Country: Taiwan
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1 hour ago, orzxela said:

I have heard of some cases where USCIS would automatically change it to AOS and we would have to wait for the 485 to be approved and we would not be allowed to return overseas? 

Totally impossible.  Care to provide a link?

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

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Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

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______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: K-1 Visa Country: Wales
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Also intrigued as to how this could happen, how would they know where she is?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Other Country: China
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Hmm?  Automatically change to AOS with no input from the petitioner or beneficiary.  Their super sleuth database flags that the foreigner is in the USA, so they forbid them from leaving and force them to file an I-485 ++ and wait another year, IN THE USA.  Yeah, that will happen when pigs fly. 

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