Married to USC for 10 years but...

[FFSRocks 0]

Hey everyone,

Need some advice as we are in a bit of a situation. My wife (USC) and I are needing to go back to America for family reasons. My wifes mother is ill and we are looking to go over to help her out as she is now starting to have trouble walking etc (don't really need to go in to it but it isn't great). We are only looking to go over for a month but, and here is the bit, what if we have to stay longer than that? What my mother-in-law has is a deteriorating disease but it can draw out or she may go quickly...we just don't know.

So my question is, as we are only looking to go over for a month due to these circumstances but may need to be there a lot longer than a month (would potentially run over the 90 day VWP), would USCIS look at this as an exceptional circumstance and allow me to go through the AOS to look at staying there on a permanent basis?

Of course we hope we don't have to go down this road as it would mean prolonging the inevitable but my wife wants to be there for her mother, i want to be there for my wife and we are lost as what to do as if i apply for my IR-1 this would take approx 10 months, which under the circumstances isn't feasible. My mother-in-law has no one there to look after her and she lost her husband to the same thing 8 years ago so we know what is about to unfold.

Any advice would be greatly appreciated

[VanessaTony 3,567]

Entering with intent to adjust status is illegal.

Entering without intent and your situation changes, AOS is NOT illegal.

As long as you aren't PLANNING on staying longer then it's fine. BUT it certainly seems to me that you have a form of intent "intent to adjust if the situation arises".

Just because you've filed the I-130 doesn't mean you aren't allowed to stay in the US or visit the US. So file the I-130, visit on the VWP, return to your home country when the time comes to process the visa portion, return to the US with the GC.

OR apply for a visitor visa. Bearing in mind if the visa is denied you can't use the VWP anymore. As the spouse of a USC it makes entering the US and getting the visa more difficult.