married in us, left,then returned on vwp. Can i file a I-130 and adjust in US?

[healthteacher 18]

Hypothetical question here. Someone enters US on VWP and decides to marry a US citizen.They then file an I-130, and shortly thereafter withdraw the I-130 before it is processed because they need to return home unexpectedly.What would happen if the person returned to the US 6 months later on VWP and decided to try filing the I-130 and AOS again? Has there ever been a case where this was allowed,or would it mean a certain deportation and ban?

[Harpa Timsah 13,258]

You always ask about how to move to the US with the intent to immigrate. Your previous threads have beat this dead horse with a stick enough. I take it you haven't filed for the visa yet?

It is illegal to enter the US on a non-immigrant status with the intent to immigrate.

Furthermore, there is absolutely NO reason to withdraw the I-130.

http://www.visajourney.com/forums/topic/432563-what-is-the-fastest-way-for-a-foreign-spouse-to-enter-us/#entry6253672

Edited June 24, 2013 by Harpa Timsah

[healthteacher 18]

It was my understanding that if you marry while on a vwp,file an I-130,then leave us before receiving a GC, then the !-130 is no longer valid.There was no I-131 filed with the I-130 package.

You keep saying again and again that it is illegal to enter us with intent to immigrate.I think this is well understood by most in here.The question was if someone entered and did not have the intent to immigrate at the time.

[Harpa Timsah 13,258]

You obviously have intent since you are asking all of your "hypothetical" questions and your spouse is outside the US right now.

Your understanding is wrong about the I-130. No matter where the person is the I-130 is still in play. If someone had to leave and abandon AOS, then they I-485 would be gone/dead/abandoned, but the I-130 could still continue and lead to the spousal visa. Did you file I-130? Did you withdraw it?

[JohnR! 5,495]

Hypothetical question here. Someone enters US on VWP and decides to marry a US citizen.They then file an I-130, and shortly thereafter withdraw the I-130 before it is processed because they need to return home unexpectedly.What would happen if the person returned to the US 6 months later on VWP and decided to try filing the I-130 and AOS again? Has there ever been a case where this was allowed,or would it mean a certain deportation and ban?

That would be considered immigration fraud.

[healthteacher 18]

yes, the I-130 was withdrawn.

If there was "intent" wouldnt that be for immigration to decide? I am only asking questions in a forum.

[Merrytooth 5,748]

You have been already advised in your previous thread to file CR-1/IR-1 for your spouse.

[JohnR! 5,495]

yes, the I-130 was withdrawn.

If there was "intent" wouldnt that be for immigration to decide? I am only asking questions in a forum.

If there was intent it would be considered fraud by the USCIS. Entering the US on a non-imigrant visa or VWP with the intent to stay and AOS is considered immigration fraud.

[Dave&Roza 748]

Hypothetical question here. Someone enters US on VWP and decides to marry a US citizen.They then file an I-130, and shortly thereafter withdraw the I-130 before it is processed because they need to return home unexpectedly.What would happen if the person returned to the US 6 months later on VWP and decided to try filing the I-130 and AOS again? Has there ever been a case where this was allowed,or would it mean a certain deportation and ban?

The first part of this is okay as long as they can look themselves in the mirror and honestly say that they come to the US on the VWP just to visit and then just happened to find the person of their dreams and got married. This is like first degree murder verses second degree murder. Did you sit there and plan the whole thing out or was it "in the heat of the moment"? So that is why the second part is illegal as now the intent is to remain in the US when entering on the VWP. This is the main reason you hear here on VJ about people not being able to get a tourist visa from country X. It is because too many of their fellow country people and others throughout the world have entered the US on a tourist visa or other non-immigrant means and remained. So the Embassies are making it so hard to get a tourist visa that most people cannot just visit the US.

What you are proposing is no different than flying to Mexico or Canada and crossing the US border into the US. The only difference is that you will have proper documentation of the entry. You may get away with it for a while, but at some point the USCIS will discover the fraud and then deport the foreign spouse for immigration fraud. There is no statue of limitations on that, so if they discover it in 5 years or 25 years it can happen. Then your family will be one of those on the 6 o'clock news trying to get someone to help keep your family from being broken up as the foriegn spouse is deported. I've seen it too many times on our local news where the "immigrant" has been in the US for 10 or 15 years with children and all of a sudden they are facing deportation due to being in the country illegally.

Life is full of choices. The choice to get married in the US. The choice to return home before the AOS was complete. The choice to return to the US on the VWP. The choice to remain and file for AOS again. The choice to live life in fear of deportation. The choice to file for a spousal visa and do it the legal way. Your life. Your choice. Your conquenses. Hypothetically speaking of course.

Good luck and may you choose wisely,

Dave

[Harpa Timsah 13,258]

yes, the I-130 was withdrawn.

If there was "intent" wouldnt that be for immigration to decide? I am only asking questions in a forum.

The I-130 is only withdrawn if you took action to withdraw it. The I-485 is withdrawn by USCIS for abandonment in your case. So you are really telling me you took action to withdraw the I-130 after your spouse left the US?

[healthteacher 18]

Correct Harpah.The I-130 was withdrawn by written request after the spouse left the US.The rest of the petitions,485,764 were then denied when the I-130 was withdrawn.

[Harpa Timsah 13,258]

Correct Harpah.The I-130 was withdrawn by written request after the spouse left the US.The rest of the petitions,485,764 were then denied when the I-130 was withdrawn.

Why on earth would you do that???? Who told you to do such a thing??? The I-130 can remain. You just lost all that processing time. It could have been going on this whole time.

Edited June 24, 2013 by Harpa Timsah

[belinda63 2,981]

You obviously have no understanding of the process or consequences of your hypothetical situation.

You have already wasted a lot of time and money because of this. If you had let the I-130 continue your spouse could have interviewed in her home country for an immigrant visa. Now you are back to square one having to start all over and pay all the fees again. Even though you withdrew the I-130 there is still a record of it and the I-485 and all that.

So Hypothetically:

You wife arrives at the POE and is taken to secondary inspection, if she is even allowed to enter the country, and is asked questions along the line of "when do you plan to leave" "did you come here with the intent to remain?" "are you going to file for a green card"......you get the idea. If she lies about any of this she can be deported with a LIFE-TIME BAN NO WAIVER AVAILABLE. Even if she makes it through and into your arms and you file to adjust status what if she is asked at the interview about her return after having abandoned AOS. How will she truthfully answer this? How can you defeat the proof that she had the intent to immigrate after the I-130 and I-485 had been previously filed and withdrawn?

You are playing with fire. What you are asking could lead to a LIFETIME BAN WITH NO WAIVER.

BTW, you should never have withdrawn the I-130. Whatever made you do that? Did you think by withdrawing it there would be no record, that is would just be deleted from all the databases? If you did, you are wrong.

[healthteacher 18]

OK I feel real stupid,sick to my stomach right now.We thought that upon the spouse leaving the US without advance parole, before the GC, everything would be cancelled by immigration anyway.So what about the 485,764, would that part of the package also still be valid upon leaving US before GC? And what affect will all this have on a future CR-1 petition or a future VWP visit?

Seems like all of this may be enough to doom us now. We are now out $2000 and looking at a long process.Go ahead hit me again,I deserve it.

[stevie b 141]

OK I feel real stupid,sick to my stomach right now.We thought that upon the spouse leaving the US without advance parole, before the GC, everything would be cancelled by immigration anyway.So what about the 485,764, would that part of the package also still be valid upon leaving US before GC? And what affect will all this have on a future CR-1 petition or a future VWP visit?

Seems like all of this may be enough to doom us now. We are now out $2000 and looking at a long process.Go ahead hit me again,I deserve it.

there is no doom and gloom, money and time lost .. yes

refile again now

be prepared for additional scrutiny on entry with a vwp

approvals for the 130 vary greatly right now depending on where it gets sent for adjudication (based on workload at local offices)

can be anywhere from 5-12 months total turnaround time

your history with uscis filings and the mistake you made will most likely strengthen your bona fides