I-94 Number and International Travel

[Safford 0]

Hello there,

I am beginning the process of an Adjustment of Status for my foreign national wife, who is currently on an F-1 Visa. On both the I-130 and the I-485, there is a field for I-94 number. This appears to change every time my wife leaves and enters the country. We were planning to file before leaving the country for the holiday period in december. We will return in January.

Will leaving the country once we have started the process cause a problem? Should we wait to start the process in January, with the most recent I-94 number? Or can we use her current I-94 number to get the process started.

Also - I believe that we are supposed to submit the I-130, the I-485 and the g-325a all at the same time. Am I correct in thinking that the Affidavit of Support comes later, once our petition is approved? Or should it be included in the original packet?

Thanks for your help!

James

[Harpa Timsah 13,258]

Okay, you seem confused on some things.

At first you mention the I-130 and I-485. If you file these, then she cannot travel internationally until she gets an approved travel permission, called Advance Parole. It takes about 3 months to be approved. Leaving the country before then will cause your application to be automatically abandoned and denied, and she would be stuck outside the country.

Then you mention the I-130 alone. Perhaps you read about getting a spousal visa or something, but the I-130/I-485 CONCURRENT application is different. You most definitely need to send the AFfidavit of Support along with the I-485, and that and much more all goes in your initial packet. For a spousal visa where the immigrant interviews abroad, there is a different procedure.

Entering the US on a non-immigrant visa with immigrant intent is visa fraud. Your plan to travel now and file right when you get back runs the risk of your wife being denied entry for immigrant intent (which she definitely has). The safest thing to do is to file the I-130/I-485 CONCURRENT package now and skip the December trip.

[Newbie608 103]

I don't think your wife can leave the country on her student visa after she file AOS. Her application will be denied due to abandonment. She can however, file for AP docs that would enable her yo travel during the process. If you choose to travel before you file. What will you tell the officer at the POE? Since her intention would be to adjust status...Decision is yours though...Goodluck

[Safford 0]

Thanks for your quick answers. Rereading my email and I think I mention the I-130 alone - however, you are absolutely correct about my confusion. I was looking at the Spousal visa before examining the Adjustment of Status process and that's definitely where I got the idea about the Affidavit of support coming later. Thanks for clearing that up.

My wife is under an obligation to return to the US in January to finish her PHD and defend her dissertation, which would be her intent in entering the country. We are still figuring out our plans, but it is clear that we cannot file and then take the trip, either we must abandon the trip, or abandon the filing - thanks for the advice.

James

[hmh33 117]

Even filing the I-130 - even *thinking* about filing the I-130 - could cause problems for your wife both in entering the country and in adjusting status.

[Newbie608 103]

The officer at POE, will know that she's married to a USC and that could cause problem. I would just cancel the trip and file for AOS

[Safford 0]

Even filing the I-130 - even *thinking* about filing the I-130 - could cause problems for your wife both in entering the country and in adjusting status.

Thanks for this. Forgive my ignorance, but how can anyone know our thoughts other than reading this fourm? Are you suggesting that the timing of our filing (let's say, hypothetically, in January, when we return from overseas) may be suspicious and be cause for rejection? My wife leaves and returns several times a year. She just got back from a trip, so it seems we are in exactly the same position one way or the other. How do the authorities establish immigrant intent?

[virid 3]

Thanks for this. Forgive my ignorance, but how can anyone know our thoughts other than reading this fourm? Are you suggesting that the timing of our filing (let's say, hypothetically, in January, when we return from overseas) may be suspicious and be cause for rejection? My wife leaves and returns several times a year. She just got back from a trip, so it seems we are in exactly the same position one way or the other. How do the authorities establish immigrant intent?

There are chances that you won't even be asked about your marriage when you return with F1 visa. In my case, I declared my marriage on DS160 form but no one asked me a single question about immigration intention or my marriage to USC. There are not many examples on Phd students got stuck outside the country in the middle of their study unless they are under security check. But I wouldn't file the aos right after return to the US because that would look like a visa fraud- using F1 to get in and then aos. After all, theoretically, if your already had the aos plan, you should not travel with F1 anymore.