No Parole Document

[Zedman 0]

Hi all,

Very new to all of this but here goes;

I am an Australian Citizen married to a US citizen, she petitioned for me last year and lodged an i130, it has not been approved yet, in the interim I moved and was staying in the USA on a visitor visa and lodged an i485 to change my status to become a permanent resident. I also lodged a travel authorisation but did not receive the parole document (was unaware it needed to be in my hands) and travelled outside of the USA, on my return I was denied entry and told my i485 will also now be abandoned. I was also told I could not re-enter again under the visa-waiver program.

I am now in Australia and awaiting the i130 to be approved and will then ordinarily apply for permanent residency from here through the NVC online with a d260. I have been told this can take anywhere from 4 to 6 months or perhaps longer.

The query I have is that I would like to return to the USA to be with my wife sooner if possible.

Does anyone know if I can apply for an extended visitor visa, a d160 nonimmigrant visa or perhaps a K1 or K3 visa now and re-enter the USA and re-apply for residency and if it will be quicker?

Also I have a business here that could sponsor me in the USA, would it be quicker to get a B1 or H1-B visa or similar and adjust when I am back in the USA?

Thanks in advance, I am really just looking for the fastest way to return?

Cheers, Zed

[Harpa Timsah 13,258]

You clearly have immigrant intent, so you cannot get any nonimmigrant visa. You have to wait until your spousal visa is approved. It is illegal to enter the US on a non-immigrant visa with the intent to immigrate. You did exactly that, and then abandoned your process by thinking you could travel freely. Now you are planning to do this again with a visitor visa. You will be denied, because these visas are not meant for immigration and you have already shown you cannot be trusted. K-1 is for fiances, not married people. K-3 is basically unobtainable.

[Enigma11561 336]

Fastest way is to sit tight and wait for the 130 approval. Try anything else and you will be denied or even a possible ban for trying to commit fraud.

[aaron2020 11,651]

Hi all,

Very new to all of this but here goes;

I am an Australian Citizen married to a US citizen, she petitioned for me last year and lodged an i130, it has not been approved yet, in the interim I moved and was staying in the USA on a visitor visa and lodged an i485 to change my status to become a permanent resident. I also lodged a travel authorisation but did not receive the parole document (was unaware it needed to be in my hands) and travelled outside of the USA, on my return I was denied entry and told my i485 will also now be abandoned. I was also told I could not re-enter again under the visa-waiver program.

I am now in Australia and awaiting the i130 to be approved and will then ordinarily apply for permanent residency from here through the NVC online with a d260. I have been told this can take anywhere from 4 to 6 months or perhaps longer.

The query I have is that I would like to return to the USA to be with my wife sooner if possible.

Does anyone know if I can apply for an extended visitor visa, a d160 nonimmigrant visa or perhaps a K1 or K3 visa now and re-enter the USA and re-apply for residency and if it will be quicker?

Also I have a business here that could sponsor me in the USA, would it be quicker to get a B1 or H1-B visa or similar and adjust when I am back in the USA?

Thanks in advance, I am really just looking for the fastest way to return?

Cheers, Zed

The only thing you can do is sit and wait. There is no legal process that will get you to the US faster.

You have the intent to immigrate, so you cannot use a non-immigrant visa (or the VWP) to enter the US without creating a huge mess for yourself. It's illegal to enter the US on a non-immigrant visa with the intent to immigrate or adjust your status to a green card holder (legal permanent resident).

[Brother Hesekiel 2,236]

The U.S. consulate has a lot of discretion in the decision-making process and they don't have to justify their decision to anybody short of the U.S. Secretary of State. Not even a congressman can give them a headache.

Based on the double stunt that you already performed, which, if somebody wanted to, could be seen as attempted visa or immigration fraud, I'd strongly suggest not to stir up any more mud from the bottom of the ocean but to relax and pretend to be the nicest, most patient husband of a U.S. citizen wife who is deserving of a CR-1 visa. Always keep in mind that immigration is not a right, but a privilege, and good will and vibes are an essential part of this process.

Edited March 16, 2012 by Brother Hesekiel

[Zedman 0]

Thanks everyone,

Just got the i130 approval (after 10months?!?!?)

Now to proceed through NVC.

Cheers