Few days of J1 au pair visa overstay before AOS

[Crazy Cat 44,448]

1 hour ago, AKvisajourney said:

on i130 i have put Adjustment of status, as i thought our priority date(march 14) would be current before her j1 visa expires(july16). Would that be a problem now since she will have to do consular processing?

 

 

I'm sorry to tell you that USCIS won't send it to NVC.  The approved I-130 will remain at USCIS until you submit an I-824 to move it to NVC.  That could take about a year. 

 

EDIT:  If the I-130 is approved.

Edited June 27 by Crazy Cat

[AKvisajourney 1]

She is from austria, so tourist visa appointment wait time wont be an issue. but what reasoning should she give for a visit to USA so that it gets approved.

[appleblossom 4,420]

10 minutes ago, AKvisajourney said:

i will be eligible for citizenship november 2026.

We are okay if she goes back to home country after october and does consular processing.

Has anyone got visitor visa approved while i130 is pending?

 

You're misunderstanding. She cannot be out of status, she needs to leave before 14th July.

 

If she's from Austria then she won't need a visitor visa, is she not eligible for ESTA?

[appleblossom 4,420]

Just now, Crazy Cat said:

I'm sorry to tell you that USCIS won't send it to NVC.  The approved I-130 will remain at USCIS until you submit an I-824 to move it to NVC.  That could take about a year. 

 

They've changed it now, I-824's aren't required any longer for this if the I-130 hasn't been approved. That was introduced fairly recently, I think they were drowning in I-824's hence the backlog. 

 

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-5#S-D-1

[Crazy Cat 44,448]

8 minutes ago, appleblossom said:

 

They've changed it now, I-824's aren't required any longer for this if the I-130 hasn't been approved. That was introduced fairly recently, I think they were drowning in I-824's hence the backlog. 

 

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-5#S-D-1

Thanks for the link.  It's my understanding that an I-824 would be required for an approved I-130.  It appears that, prior to final approval, the OP could contact the Service Center.:

 

"Prior to final adjudication of the petition, the petitioner may provide updates on the petition, including whether the beneficiary intends to adjust status or consular process, the preferred embassy or consulate for visa processing, and the beneficiary’s address. To provide updated information on a pending petition, petitioners should contact the office indicated on the Form I-130 receipt notice"

 

Seems to me it would be better to do it sooner rather than later....since an I-824 takes quite a while....and is expensive.

Edited June 27 by Crazy Cat

[AKvisajourney 1]

Oh, I did not know about ESTA. So, is that easier to get approved with i130 pending and she is pregnant as her baby bump would start showing by that time.

[appleblossom 4,420]

Just now, AKvisajourney said:

Oh, I did not know about ESTA. So, is that easier to get approved with i130 pending and she is pregnant as her baby bump would start showing by that time.

 

Just to be clear, you're aware that she cannot enter on either ESTA or a B visa with the intent to actually adjust status and stay, right?

 

It would be easier, as there is no interview for ESTA and she's not likely to have it refused unless she's ineligible for some reason (i.e. criminal history, etc). But if she turns up with a baby bump and a husband already living in the US, you may find she is refused entry, so it's up to you if that is a risk you want to take just for her to visit you. I would strongly suggest you visit her instead personally, as that's a lot of stress to put a heavily pregnant woman through. 

[AKvisajourney 1]

I understand, i would be happy to visit her instead. But we wanted to delivery in the USA so the baby has USA citizenship. Otherwise we will have to do the whole green card process again for baby too for staying in usa.

Edited June 27 by AKvisajourney

[Boiler 47,478]

There is also the B2 Medical

 

Travel Insurance would not ocver regular pregnancy costs

[appleblossom 4,420]

Just now, AKvisajourney said:

I understand, i would be happy to visit her instead. But we wanted to delivery in the USA so the baby has USA citizenship. Otherwise we will have to do the whole green card process again for baby too for staying in usa.

 

Have you seen the news today?!? I really wouldn't count on that at the moment, and with the high risk of your wife being refused entry on ESTA, plus the cost of her giving birth in the US, I honestly can't see why you'd not just have her give birth in Austria. Less risky, cheaper, and yes you'll need to petition the baby as well, but in the grand scheme of things is that really such a big deal?

 

Your call of course, and you can try and have her enter to give birth. But do talk to her about the chances of being refused entry and see if she's happy to do that. If she is, she'd be detained until she can be put on a return flight. I personally wouldn't put my pregnant wife through that. 

Edited June 27 by appleblossom

[OldUser 9,920]

2 hours ago, appleblossom said:

 

Have you seen the news today?!? I really wouldn't count on that at the moment, and with the high risk of your wife being refused entry on ESTA, plus the cost of her giving birth in the US, I honestly can't see why you'd not just have her give birth in Austria. Less risky, cheaper, and yes you'll need to petition the baby as well, but in the grand scheme of things is that really such a big deal?

 

Your call of course, and you can try and have her enter to give birth. But do talk to her about the chances of being refused entry and see if she's happy to do that. If she is, she'd be detained until she can be put on a return flight. I personally wouldn't put my pregnant wife through that. 

Agreed, the risk of her being denied boarding on the plane or entry to the US is super high.

2 hours ago, AKvisajourney said:

I understand, i would be happy to visit her instead. But we wanted to delivery in the USA so the baby has USA citizenship. Otherwise we will have to do the whole green card process again for baby too for staying in usa.

I hope you realize US government officials such as CBP don't want that to happen and will likely deny entry? They're not silly. They'll ask why a pregnant lady close to her labor is travelling (I presume alone)? And who is she visiting and why. I give 80-90% chance she won't make it to the US, either because she will be denied boarding or because CBP will deny her entry and cancel ESTA. Even when filling forms for ESTA, I'm sure she'll be asked whether she knows anybody in the US. She can't lie. Once she puts husband, most likely it will be denied.

Edited June 27 by OldUser

[Crazy Cat 44,448]

3 hours ago, appleblossom said:

If she's from Austria then she won't need a visitor visa, is she not eligible for ESTA?

Question-  Are there any questions on the ESTA application about violating previous visas?

[Lil bear 4,520]

1 hour ago, Crazy Cat said:

Question-  Are there any questions on the ESTA application about violating previous visas?

Yes. They ask about previous denials cancellation or overstay 

[appleblossom 4,420]

1 hour ago, Crazy Cat said:

Question-  Are there any questions on the ESTA application about violating previous visas?

Oooh good point. Yes, it asks about overstays, so if the OP’s wife didn’t leave by mid July that would mean ESTA would be very unlikely to be granted in the future. 

Edited June 28 by appleblossom

[Boiler 47,478]

VWP is for the squeaky clean, personally I would not worry about naturalisation, the child would get it anyway when the Mother does.