antoniodurante199

6 minutes ago, Crazy Cat said:

But You abandoned the I-485.  I think your ESTA is gone, and I think you could have a ban. 

I never overstayed more than 180 days even if they consider my adjustment time as overstaying I don't think I have a ban 

Hi all,

My husband and I we really need some help on how to proceed on my immigration papers.

I entered the US on ESTA back in March (I'm an Italian citizen) my husband (US citizen) and I we got married in April in the US I was supposed to leave the US but at the end we decided to do adjustment of status.

But at the end of August my mom got sick and I needed to go back to Italy before I got the travel document.

We still have the I-130 form pending we sent them a letter explaining the situation and that we wanted to proceed with consular processing we really hope that they would take it into consideration.

Since we have been apart for a long time and even just visit him it would help our marriage.

Is it worth trying to get inside the US? Would they deny me entry for sure? Is there a small chance of them letting me in? 

Technically I never overstayed my ESTA if we take into consideration the time that I was in the process because once we submitted the papers my status is changed right?

If not I never overstayed more than 180 days so I'm also not banned "technically"

Is it worth trying? Is it better not to? Is there something that I could tell them? Is there an airport that's easier?

Thank you all for answering

3 minutes ago, Sinead91 said:

Hi Antonio,

 

a friend of mine from Germany was in a similar situation. They ended up having to file the CR1.  It did take some time, but the upside is having your GC when you arrive, rather than have that waiting game continue. 

 

The advice given so far is sound.  It's an unfortunate situation but happens!

Could you ask her if she waited untill the ongoing AOS was denied or if she did it while that one was going?

also how long would it take for the CR1?

thank you

37 minutes ago, Boiler said:

OK VWP Express as it is affectionately known here.

 

You have the I 130 filed so your spouse needs to redirect it to the Consulate in Italy which I presume is Rome. The I 485 is abandoned.

Is it possible that they won’t notice that I left? Or tha they’ll approve my advanced parole and I can use it to return back?

how can we send it to the consulate in Rome and I presume that would take a lot of months if not years right?

11 minutes ago, SalishSea said:

Right.   You have abandoned your AOS and ESTA is gone.  Spouse needs to petition you for an IR/CR-1 visa.   I understand that by adjusting from VWP, you may have been hoping to avoid the visa queue, but a  trade-off of avoiding that is that you can’t come and go until you have a GC.

🥹 how can we do this? Do we have to until the AOS is denied? Or we can already do it?

can we do it from Italy if he comes and live with me here?

how long would in general take ? My I-130 would still be approved right? 
 

4 minutes ago, Boiler said:

Let us start at the beginning,  on what basis did you enter the US, Some Visa's are dual intent.

 

So you could possibly come and go on that. You said you obtained EAD, have you worked using it.

 

 

I entered on ESTA and later on we decided to get married 

I was working for a couple of weeks at a lawyer firm with my EAD

1 minute ago, Crazy Cat said:

Are you 100% sure the I-131 was not approved BEFORE you departed the US?

I assume it hasn't been approved because on the USCIS website says:

Case Was Received And A Receipt Notice Was Sent

Hello everyone,

My husband (US citizen) and I (Italian citizen) got married in april and started my adjustment of status in May I received my work permit a month after but at the end of August my mom got really sick and she asked me if I could come and see her and spend some time with her. I still didn't received the advanced parole and I tried many times to ask for an expedite for humanitarian reasons but they never got back to me (I tried many times). So I did what I thought it was the best thing to do for me knowing the circumstances. I left without the advanced parole. 

My adjustment of status is still ongoing to this day:

I-130 Petition for Alien Relative:  Case Is Being Actively Reviewed By USCIS - Estimated time --> 6 months

I-131 Application for Travel Document - Case Was Received And A Receipt Notice Was Sent  - Estimated time -> 5 months 

I-485 Application to Register Permanent Residence or Adjust Status: Response To USCIS' Request For Evidence Was Received

I assume my adjustment would be denied, right? Could I hypothetically speaking return if I receive my advanced parole?

What should we do? wait for this adjustment to finish, be denied and then start again? that would take years...

what should be my best course of actions in this case to be reunited with my husband in the closest time possible? 

Thank you all in advanced!

This immigration situation is really killing us!