cklaus10

The story...

Wife entered U.S. via VWP in 7/2010. Married 10/2010. Filed I-130/I485 concurrently. During the process we had some marital issues and my wife decided to return home without AP in 12/2010. We knew the implications of abandonment. Final interview scheduled 03/2011.

Due to some poor advice from the 1-800 number, I did not show up for the interview and wrote a letter before it instead stating we would not attend and would like to withdraw the I-485 but continue with the I-130. I should have just went to the interview.

Our I-130/I-485 were denied due to abandonment 03.2011. We have decided to try again and I have since re-applied for my I-130 which was accepted and is under initial review and when approved my wife will apply for her conditional residence at the us embassy abroad.

My wife would like to visit in June while we are waiting for my petition to be approved.

Is this possible?

I checked and her ESTA approval from before is still approved and has not expired. However after looking over the application the application does have the following question...

F) Have you ever been denied a U.S. visa or entry into the U.S. or had a U.S. visa canceled?

1. Can she use her old unexpired ESTA approval?

2. If no, does she answer "yes" to question F above since her I-485 was denied due to abandonment?

3. If yes, how does this affect her ESTA approval?

Thank you for your help!

I am a USC and just received my I-130 NOA1 receipt. Is my wife allowed to visit the U.S. using VWP, obviously for no more than 90 days, while my I-130 is pending? Any suggestions about what to have ready for the officer at the border?

Thank you.

Thank you!

Thank Just Bob and Yu and Dan. Both answers are what I have been seeing in my research.

Do either of you have any idea of processing times once I notify USCIS to send to NVC?

Thanks again.

Hi all-

I am a US citizen who married a Portuguese citizen that was in the states on the VWP. She came over with no intent to immigrate, and we married about 2 weeks before the 90 days. We sent in all the proper paper work for her I-485 AOS and my I-130 before her 90th day. We received all NOA’s for the I-130, I-485, and the I-765. We did not however apply for AP.

She went through biometrics and received her work authorization. About that time she returned home to Portugal for personal reasons. Obviously without AP. This was about 2 months after receiving the NOA’s for the acceptance of all applications.

I know that her I-485 is now considered abandonded. I actually just received our interview notice last week for middle March. Obviously we will not be going to that. I have not notified USCIS of her leaving up to this point.

Now she and I would like her to return. I have researched this a bit but am looking for some more direction if possible.

How and who should I contact?

Is my I-130 petiton still valid? If it is, will it be approved and can she consular process at the US embassy in Portugal?

I read something about having the I-130 transferred to the NVC, how can I do this?

Again just looking to get back on the right track after some unfortunate events. Thank you for any help any of you may provide…