I-130 and G-325A Confusion and stuff

[Lisa B 0]

Only trouble with this though, is that i entered on a visa waiver and by doing that you waive your rights to be able to stay and adjust status.

You waive your rights to appeal, you can adjust, thousands do it every year.

I can't find ANYTHING that suggests that I would be able to stay if I were to change my mind now

Post above, for a start.

- it would also looks far too suspicious seeing as the last time i came over i didnt bring my son and now all of a sudden here i am, with my son and TA DA! want to stay.

That depends, in itself impossible to comment.

I have to fly home tomorrow and have no time to see a Lawyer with reguards to the situation.

SO frustrating because if i don't go tomorrow i wont be able to afford to go back for months as i could not afford the ticket.

You may be able to re-book for a change fee, if you stay and adjust it will be 3 months or so before you could work.

On the back of the Visa Waiver I signed it says that by signing the form i am ineligable to apply for any status other than non-imigrant.

Is there anything written in stone about staying on a visa?

[Lisa B 0]

Only trouble with this though, is that i entered on a visa waiver and by doing that you waive your rights to be able to stay and adjust status.

You waive your rights to appeal, you can adjust, thousands do it every year.

I can't find ANYTHING that suggests that I would be able to stay if I were to change my mind now

Post above, for a start.

- it would also looks far too suspicious seeing as the last time i came over i didnt bring my son and now all of a sudden here i am, with my son and TA DA! want to stay.

That depends, in itself impossible to comment.

I have to fly home tomorrow and have no time to see a Lawyer with reguards to the situation.

SO frustrating because if i don't go tomorrow i wont be able to afford to go back for months as i could not afford the ticket.

You may be able to re-book for a change fee, if you stay and adjust it will be 3 months or so before you could work.

WAIT! I just looked aaround a little and it turns out that yes, you are exactly right.

You are NOT, apparently, eligible to apply for AOS within the USA if you have entered the USA on a visa waiver.

HOWEVER. This is in exception to something in the INS (section 201 ( b )) which states that this does NOT include immediaterelatives (thats me!).

Apparently, as long as you have been inspected at a port of entry and did not enter illegally (this is to be proven) and decided to stay and adjust status you can do so as you have effectively been "inspected" at a port of entry and granted permission to enter therefore having been granted that you were planning to enter without staying etc (its a bit more complicated than this but its pretty much a tiny void of a almost-loophole, but not really a loop-hole because its fact and possible, they just seem to hide it behind informaiton such as by telling you you are NOT allowed to AOS unless blah blah blah as stated in section 201 ( b ) of the INS!! - so they basically do say, "if you get in, you can stay, but you have to get off your ####### and look up what section 201 ( b ) has to say for itself first so that you know".)

I don't know if that will help anyone?

I've decided to still go home tomorrow because we need the money i get from my job and my son has school. We are going to take our time over these forms and make sure we get it right so that I either come back on holiday in a couple of months, should i be able to afford that, OR just say screw the back and forth stuff and just wait MONTHS for the visas now.

Either way, i'm a little more optimistic about the situation thanks to you guys

Edited January 14, 2008 by Lisa B

[Boiler 46,086]

You did not mention the most important quaification, you need to have non immigrant intent when you entered, so if you come back with that intent, its a no go.

Edited January 14, 2008 by Boiler

[simple_male 1]

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QUOTE(Lisa B @ Jan 10 2008, 02:10 PM) <{POST_SNAPBACK}>

Also, sorry, what is a CR-1? (am i being stupid?)

Lisa, you need two sets of G-325A, ons set for you and nother set for your husband. You don't need any G-325A for your child. CR-1 (Conditional Residency or conditional greencard)) visa is an immigrant visa issued to a spouse, the marriage is less than 2 years old during the time of issuance. If the marriage is over 2 years old, IR-1 (permanent green card) visa is issued.

[Lisa B 0]

You did not mention the most important quaification, you need to have non immigrant intent when you entered, so if you come back with that intent, its a no go.

Yeh, i know. I never intend to stay when i come over. I have a job and a life in England and only get so much time off every year to travel.

When you enter at a point of entry you're effectively prooving that you are entering without the intent to stay, coz if you get let in, they stamp your passport and effectively agree that they feel you are telling the truth. Which is almost where the loophole that isnt really a loophole at all, is.

Point being though, if i did go over intending to come back like this time but something came up like money or a new job for my husband or a change in some kind of circumstances, the opportunity is there to change my mind.

We can't currently afford for me to stay anyway and i'm not about to get myself a 10 year ban coz im not stupid. If I intended to try and stay i'd have tried it by now. I've been back and forth over there for almost 2 years.

Edited January 15, 2008 by Lisa B

[Boiler 46,086]

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QUOTE(Lisa B @ Jan 15 2008, 04:17 PM) <{POST_SNAPBACK}>

You did not mention the most important quaification, you need to have non immigrant intent when you entered, so if you come back with that intent, its a no go.

When you enter at a point of entry you're effectively prooving that you are entering without the intent to stay, coz if you get let in, they stamp your passport and effectively agree that they feel you are telling the truth. Which is almost where the loophole that isnt really a loophole at all, is.

Nope, no idea where you got that from, a source?