Schengen Visa and I-130

[lizka 3]

Hi all, wanted to get some opinions. Went to my local field office today and spoke with a supervisor. Told her about not getting the NAO2 and being denied a status update. So she sent one for me. Additionally, she told me that since my husband is from Spain, he can come visit me anytime he wants, as long as he's not waving our marriage certificate in the officer's faces. The Schengen Visa will allow this since he doesn't need to go through the tourist visa process. She then told me that when he comes to visit, we can directly apply for the greencard with the I-485 then simultaneously apply for the I-131, I 693 and I 765 for employment, and this way, while we are waiting, he can stay here and with these forms can go to school while waiting for his greencard and residency to go through. This is all because the student visa seems more unlikely. Additionally, since I was told that I cannot ask for my case to go to my field office from California, I can write California a letter of extinuating circumstances, which in our case is a full scholarship to a graduate program of my husband's choice. The I485 seems like a wonderful idea, i was just nervous cuz it seems a little shady and maybe illegal, but the supervisor said it's perfectly legal. Any thoughts. Thank you all so much. Just that it's 6 months already, and no NOA2 and I'm getting antsy...

[jaycali 415]

I'm not sure exactly what you mean by Schengen visa, as that's a visa issued by European consulates to visit the Schengen area in Europe.

But it sound slike you may have it confused with the US Visa Waiver Program, which lets citizens of most European countries, Australia, New Zealand, Japan, South Korea and Brunei enter the US for up to 90 days without a visa..

As I understand it, you filed an I-130 petition for your Spanish husband in late August, and he's still in Spain waiting. You now want him to travel to the US as a tourist under the VWP, and then adjust status. (He cannot apply for a student visa while he has an I-130 petition pending).

This can work, and technically it is fully legal.

But, as I've told others on here, it's risky business, and at this stage of the I-130 process, I would actually advise against it for several reasons:

1. He can travel to the US as a tourist for up 90 days, even if he has a USC wife. This is fully legal, but he cannot travel to the US intending to adjust status once he enters. On paper, this has to have been decided after he entered the US. Not mentioning it to immigration officers at the airport could cause problems later down the line, and I would advise to use a lawyer if you want to do this. Hearing that a supervisor at a USCIS field office advise you to do this though is strange. Maybe it's not as "big of a deal" as some immigration people make it out to be.

2. Since you filed in August, your I-130 approval is likely to be right around the corner. The California Service Center is actually right now working on August petitions, and I would expect you to have an approval on that within 2 weeks or so. After that's approved, the NVC stage is fairly quick, and all that's left then is the medical and interview. You've got only 2 - 3 months left.

3. If you guys wait out those grueling 2 - 3 months, he'll be able to enter the US as a green card holder from the get go. Entering on a CR-1 visa will get him a stamp in his passport allowing him to work, travel, obtain a social security number etc immediately after entry. If he enters as a tourist, and you adjust status, he'll have to wait 3 months for work authorization, and a lot longer for his green card. He won't be able to travel fr a while either. It'll also cost you an extra $1,000 or so if you choose to adjust status instead of waiting out the current process.

In the end, it's all up to you. Just giving my two cents here.

Edited February 25, 2012 by jhsm85

[lizka 3]

I'm not sure exactly what you mean by Schengen visa, as that's a visa issued by European consulates to visit the Schengen area in Europe.

But it sound slike you may have it confused with the US Visa Waiver Program, which lets citizens of most European countries, Australia, New Zealand, Japan, South Korea and Brunei enter the US for up to 90 days without a visa..

As I understand it, you filed an I-130 petition for your Spanish husband in late August, and he's still in Spain waiting. You now want him to travel to the US as a tourist under the VWP, and then adjust status. (He cannot apply for a student visa while he has an I-130 petition pending).

This can work, and technically it is fully legal.

But, as I've told others on here, it's risky business, and at this stage of the I-130 process, I would actually advise against it for several reasons:

1. He can travel to the US as a tourist for up 90 days, even if he has a USC wife. This is fully legal, but he cannot travel to the US intending to adjust status once he enters. On paper, this has to have been decided after he entered the US. Not mentioning it to immigration officers at the airport could cause problems later down the line, and I would advise to use a lawyer if you want to do this. Hearing that a supervisor at a USCIS field office advise you to do this though is strange. Maybe it's not as "big of a deal" as some immigration people make it out to be.

2. Since you filed in August, your I-130 approval is likely to be right around the corner. The California Service Center is actually right now working on August petitions, and I would expect you to have an approval on that within 2 weeks or so. After that's approved, the NVC stage is fairly quick, and all that's left then is the medical and interview. You've got only 2 - 3 months left.

3. If you guys wait out those grueling 2 - 3 months, he'll be able to enter the US as a green card holder from the get go. Entering on a CR-1 visa will get him a stamp in his passport allowing him to work, travel, obtain a social security number etc immediately after entry. If he enters as a tourist, and you adjust status, he'll have to wait 3 months for work authorization, and a lot longer for his green card. He won't be able to travel fr a while either. It'll also cost you an extra $1,000 or so if you choose to adjust status instead of waiting out the current process.

In the end, it's all up to you. Just giving my two cents here.

you are amazing, thank you so much, i will wait till mid march and see what happens. and yes, the supervisor reiterated the fact over and over again, and said that it is perfectly fine. thank you again for the super detailed suggestions

[jaycali 415]

you are amazing, thank you so much, i will wait till mid march and see what happens. and yes, the supervisor reiterated the fact over and over again, and said that it is perfectly fine. thank you again for the super detailed suggestions

Any time!

Edited February 26, 2012 by jhsm85

[Harpa Timsah 13,258]

This course of action is actually ILLEGAL. Entering the US on a non-immigrant visa with the intent to immigrate is visa fraud. It is also against the TOS for this site to suggest such an activity.

Edited February 26, 2012 by Harpa Timsah

[jaycali 415]

Harpa, I'm advising against it. I'm simply stating the fact that adjusting from tourist to LPR is fully legal on paper, although completely illogical, because no bona fide tourist would adjust status without having to go home and pack their things before staying for good.

However, it is legal if not intended from the get go.

Further, I am replying to the OP on the basis of her getting advise from a USCIS field office supervisor on how to break the law. I'm warning her of the possible implications, and advising her that if she goes for the field office supervisors advise, lawyer up.

In my opinion, I'm not advising her on how to break the law.

[lizka 3]

This course of action is actually ILLEGAL. Entering the US on a non-immigrant visa with the intent to immigrate is visa fraud. It is also against the TOS for this site to suggest such an activity.

I am completely by the book, and came on here, to get additional advice as I thought it would be helpful. This is the advice i am getting in my city, this was a legitimate question posed to the visajourney forum because of information i got from government official in my city. Thank you for your suggestions and advice.

[lizka 3]

JUST GOT APPROVED!@!!!!!! Thank you all for your support!!!!!!!!!!!!