Spouse Traveling to US during Process

[Jeetyetkidd 0]

From the words of the Immigration officer I spoke with. Leaving the country after filing an I-130 will have no effect on the process, but leaving the country after filing the I-485 without a Parole letter to travel will be considered abandonment and the process revoked. So, if you have filed an I-485 and do not have the letter it would be wise to get one. You use the form I-131 and it takes 30-90 days to receive it.

[MsZ 6]

But the 485 (adjustment of status) does not apply for IR1/CR1 applications, only K3 or K1 apps. IR1/CR1 expressly includes the ability to travel out of the US as one of its benefits/characteristics.

[Jeetyetkidd 0]

But the 485 (adjustment of status) does not apply for IR1/CR1 applications, only K3 or K1 apps. IR1/CR1 expressly includes the ability to travel out of the US as one of its benefits/characteristics.

Then why is Immigration telling me we need to fill out the 485 and get the 131 (parole to travel letter?) Could they make this stuff anymore confusing?

[GabiandVi 34]

But the 485 (adjustment of status) does not apply for IR1/CR1 applications, only K3 or K1 apps. IR1/CR1 expressly includes the ability to travel out of the US as one of its benefits/characteristics.

Then why is Immigration telling me we need to fill out the 485 and get the 131 (parole to travel letter?) Could they make this stuff anymore confusing?

I think there might be some confusion. Most of us are filing I-130s and waiting for those to be complete before our spouses move to the US. During that wait, some of our spouses travel to the US on B-2 visas to visit us, returning back to their home countries after a brief visit.

Your situation sounds different. It seems you filed an I-130 for your fiancee, then she came to the US and you got married. You went on a honeymoon cruise and had some hitches at passport control upon re-entry. The immigration officer told you to file an adjustment of status so that your fiancee, now spouse, does not have to leave the US and can live with you until the process is complete. We don't have that option. It sounds like you might have gotten lucky. You were following the laws as you understood them. For most of us, if our spouses came over on B-2 visas and we filed for an adjustment of status, we would be in danger of being accused of fraud. I think you could get away with it. It is what the immigration officers told you to do.

[MsZ 6]

B-2 or no visa at all. My husband came, we got married and he returned to Canada. No visa required. And he comes back and forth while the I-130 (CR-1) is being processed. No parole required.

But if you are doing an adjustment of status because she's living here, that's different. Then she would need advance parole to be able to come back into the US.

[Jeetyetkidd 0]

B-2 or no visa at all. My husband came, we got married and he returned to Canada. No visa required. And he comes back and forth while the I-130 (CR-1) is being processed. No parole required.

But if you are doing an adjustment of status because she's living here, that's different. Then she would need advance parole to be able to come back into the US.

Yes found the info on the USCIS site and talked with another officer that cleared things up. Since she is in the US now we need to do the adjustment of status. Once it is filed she must stay here until the Parole is issued. With the I-130 it is for people not in the country and does not affect their coming and going. Although their visa allows them to travel to the US it is up to the customs agent to allow them in. We will continue with the rest of the paperwork and wait for the I-131 to come back to us before she goes back to finish her work.

[*Snowdrop* 604]

On the original topic - I entered the US successfully today under the VWP for a two week visit to my husband. POE was at Dulles airport. This is how it went:

IO: Purpose of visit?

ME: Vacation

IO: Who are you staying with?

ME: My husband

IO: (Deep stare at me) How long are you staying?

ME: Two weeks

IO: Have you ever lived in Florida

ME: No (thinking - what?)

IO: Do you have any relatives in Florida

ME: No (what?)

IO then stamped all the forms and told me to have a nice vacation. Simple and quick. I was very pleased and surprised. I didn't have to show any of my evidence for return to the UK. For reference I had:

Return ticket

Letter from work

Rental agreement letter

Old passport to show good history of short stays and returns to the UK

So for those applying for a spousal visa and able to use the VWP it can be done. I'm now going to enjoy two weeks with my husband!