who does it?

[scorpell 0]

Hi all, we are about to do the 1-130 and are requesting an expidite on the grounds of wrong info given by the USCIS.My question is this....as my husband is considered the petitioner, but i was the one that had the conversation with USCIS whilst still in the USA, is it me that does the expidite letter request? Just a little confused at this point.Any help geatly appreciated.

[canadian_wife 1,829]

The petitioner should make the request, just know - it must be a HUGE USCIS error in order to be granted an expedite under that circumstance.

What was their error - if you don't mind sharing?

Good luck

PS - oh, you'll also have to prove the error, simply saying 'They told me ________' won't suffice

[payxibka 10,047]

Hi all, we are about to do the 1-130 and are requesting an expidite on the grounds of wrong info given by the USCIS.My question is this....as my husband is considered the petitioner, but i was the one that had the conversation with USCIS whilst still in the USA, is it me that does the expidite letter request? Just a little confused at this point.Any help geatly appreciated.

petitioner... good luck on the request... wrong information from the USCIS is not typically sufficient basis for an expedite...

[Samoray 165]

Hi all, we are about to do the 1-130 and are requesting an expidite on the grounds of wrong info given by the USCIS.My question is this....as my husband is considered the petitioner, but i was the one that had the conversation with USCIS whilst still in the USA, is it me that does the expidite letter request? Just a little confused at this point.Any help geatly appreciated.

The petitioner does the request

[scorpell 0]

No it's okay....i don't mind sharing.I had to return to Australia and my 2 yr residency was up for renewal and as i didnt know how long matters (my son is in Australia) would take i called them.they advised me to relinquish my gc and reapply from australia,they told me quick and simple.I have called them and all they do is say sorry and advised me to file the expidite request,then another told me to file I-130 and the I-485 together????have no idea what all this means but have been married since feb 2007.hubby and i are not happy campers to say the least and if i could just go home and stay and do it all from there,i would.

when i relinquished the gc i also sent a letter stating why and that it was based upon the conversation i had.surely they keep everything???

[payxibka 10,047]

No it's okay....i don't mind sharing.I had to return to Australia and my 2 yr residency was up for renewal and as i didnt know how long matters (my son is in Australia) would take i called them.they advised me to relinquish my gc and reapply from australia,they told me quick and simple.I have called them and all they do is say sorry and advised me to file the expidite request,then another told me to file I-130 and the I-485 together????have no idea what all this means but have been married since feb 2007.hubby and i are not happy campers to say the least and if i could just go home and stay and do it all from there,i would.

when i relinquished the gc i also sent a letter stating why and that it was based upon the conversation i had.surely they keep everything???

If you are in Aus then there is no ability to do the I-485/I-130 together as the alien needs be present in the USA for the I-485. If you are in the USA on another visa then this is a path you can take.

[scorpell 0]

yes but the only way i can get back is on a vw, and lasts 3 mnths but i dont want to have to return to australia again...just want to get home to hubby,do it all from there but no guarantee it will be resolved in that time.back at square one

[payxibka 10,047]

yes but the only way i can get back is on a vw, and lasts 3 mnths but i dont want to have to return to australia again...just want to get home to hubby,do it all from there but no guarantee it will be resolved in that time.back at square one

If a person is adjusting from one status to another, once the I-485 is filed, the alien is placed in a temporary "pending" status and they can remain in the USA until a decision on the I-485 is rendered without any problems.

[scorpell 0]

but does this apply to the visa waiver programme?can i adjust from a visitors status as of right at this moment i have no status in the usa??

[payxibka 10,047]

but does this apply to the visa waiver programme?can i adjust from a visitors status as of right at this moment i have no status in the usa??

visa waiver only means you arrived without a visa... all entrants to the USA are give an entry "status"... a VWP entrant is given "tourist" status.

[scorpell 0]

okay....so let me get this straight...if i go home on a VWP, i can then adjust status with an I-485,then in pending mode,and if it takes longer than 3 mnths i can remain until its sorted? i just need to know.

[payxibka 10,047]

okay....so let me get this straight...if i go home on a VWP, i can then adjust status with an I-485,then in pending mode,and if it takes longer than 3 mnths i can remain until its sorted? i just need to know.

I am not advising you to do this as this option only works for people who are already present here in the USA....

However, what I will tell you is that an alien who is present in the USA on any status and is eligible to submit and I-130/I-485 have that option to do so. They are allowed to remain in the USA until a decision is made.

[scorpell 0]

okay.....thankyou so much for the info.really appreciate it

[amykathleen2005 441]

You are not allowed to use the VWP to immigrate (such as in your situation, if you were still in the US that would be a different matter), if you answer any question saying that you do not plan on immigrating when questioned by immigration or on any pre flight application and then you do you will be committing visa fraud.

Edited November 7, 2010 by amykathleen2005

[scorpell 0]

Amykathleen, i know and thats why i questioned it.I also know it's not worth the risk.I will be filing along with everybody else and hoping sooner rather than later i am back...lesson learnt.