How fast does I-130, I-485 and I-176

[Hydey 0]

Once married in the US under the VWP and th 3 forms sent out, if i had 2 weeks left on my VWP, how fast would these forms be returned so that i would know if i was allowed to stay in the country or not? And how long after that is my interview most probably going to be set up?

Any help is greatly appreciated,

Kind Regards,

Richard

[rebeccajo 14]

The forms are not returned. You recieve a receipt for them. It's called I797 (NOA 1).

It is not decided at that time if you can stay in the country or not. You stay in the country at your own risk, although once your papers are receipted your status is protected untill a decision is rendered. That rendering occurs at the interview, which can occur anytime within the next 3 months to a year, generally speaking.

[Hydey 0]

So once the papers are sent out there is no risk staying in the country?

-Richard

[pushbrk 13,176]

So once the papers are sent out there is no risk staying in the country?

-Richard

I wouldn't say "no risk" but if you leave the risk is high you won't be allowed back in without a spouse visa. Once you've filed, your status is Pending Status Adjustment. Depending on the outcome, you may be asked to leave. Leave before an outcome and you've abandoned your application to adjust status. Catch 22.

With US immigration, the appropriate question is "how long?" not "how fast?". The burden of proof is on you to convince an immigration officer you entered the US without the intention of circumventing our immigration laws by marrying and adjusting status. Evidence your decision to marry and stay was made after your entry is the most common way of doing that.

If you intended to circumvent US immigration law, then you would be wise to withdraw your application for status adjustment and immediately leave to await the outcome of a spouse visa process.

Edited July 4, 2008 by pushbrk

[Hydey 0]

So once the papers are sent out there is no risk staying in the country?

-Richard

I wouldn't say "no risk" but if you leave the risk is high you won't be allowed back in without a spouse visa. Once you've filed, your status is Pending Status Adjustment. Depending on the outcome, you may be asked to leave. Leave before an outcome and you've abandoned your application to adjust status. Catch 22.

With US immigration, the appropriate question is "how long?" not "how fast?". The burden of proof is on you to convince an immigration officer you entered the US without the intention of circumventing our immigration laws by marrying and adjusting status. Evidence your decision to marry and stay was made after your entry is the most common way of doing that.

If you intended to circumvent US immigration law, then you would be wise to withdraw your application for status adjustment and immediately leave to await the outcome of a spouse visa process.

No, i did not intend to circumvent US immigration law. I am just very worried about this process. But as you said in my other posts, my case looks pretty clear cut?

-Richard

[rebeccajo 14]

No, i did not intend to circumvent US immigration law. I am just very worried about this process. But as you said in my other posts, my case looks pretty clear cut?

-Richard

Whenever adjusting status from visa waiver, it's always prudent to get your reassurances from a qualified competent immigration attorney.

[Hydey 0]

Is this costly? And any recommendations?

[rebeccajo 14]

Is this costly? And any recommendations?

We don't recommend attorneys on here (liability and all that jazz).

But immigration law is federal law so you can seek the advice and services of any qualified individual in the country. You don't need an advocate who lives in your state.

Most attorneys will consult with you for a nominal fee. We had a phone consult with an expert who told us (after the consult) that we didn't need to hire him. An honest lawyer with a solid practice is likely to tell you this if he feels you can process your paperwork on your own and if he sees no wrinkles in your case - they are too busy serving clients to be 'fee whores'.

Just make sure you do your homework on whomever's advice you seek. Not all immigration lawyers practice family immigration law (in fact most practice employment law) and the two codes are very different. And not all immigration lawyers are 'good'. Find one who has a proven track record.

[English Muffin 59]

Is this costly? And any recommendations?

This site might help you choose one.

http://www.aila.org/