Applying for adjustment of status while visiting hubby in the States.

[SennaBrigante 92]

Let us know what you decide and how it goes. This is very interesting. My husband would jump at the opportunity but seeing as to how he still hasn't submitted our I-130 packet and I'm due to give birth in April, I won't be able to test that lady's theory.

[Cathi 5,744]

Let us know what you decide and how it goes. This is very interesting. My husband would jump at the opportunity but seeing as to how he still hasn't submitted our I-130 packet and I'm due to give birth in April, I won't be able to test that lady's theory.

That lady's theory is suggesting immigration fraud. Entering the US with a visitor visa with the intent to stay and adjust status is illegal, plain and simple. Edited November 13, 2013 by mimolicious

[redskins47chaos 6]

Well in theory she is right...kinda. I have seen SO many people getting married under the VWP and filing for AOS without any problem! In fact, many lawyers suggest it. It kind of baffles me but whatever. You can file for AOS while being in the US if you are married. The thing is you have to prove that you did NOT intent to adjust your status and immigrate if you entered the US for a temporary stay (aka VWP or Tourist visa) That is in theory of course. As I said, I've heard many successful stories, especially if you come from a country that is under the VWP. It is a high risk/high reward situation. Sure it sucks waiting and it is highly frustrating when you see people doing it the "wrong" way and getting away with it but in the end, if you go through a visa process, it's the right and legal way to do it. That's just my two cents...

[Avery Cates 1,141]

My husband would jump at the opportunity but seeing as to how he still hasn't submitted our I-130 packet and I'm due to give birth in April, I won't be able to test that lady's theory.

Why in the world hasn't he submitted the I-130 yet?

[Harpa Timsah 13,258]

I can't file it now, Harpa was not correct. Upon more research tonight (My eyes are going funny from staring at websites all night) it seems the info the lady told me today was more accurate, it can only be filed concurrently with the i-130 straight after marriage OR after you have received an approval notice for the i-130 in the mail and you happen to be in the country. I also found other threads thru google of people in similar situations. Anyway I do understand better what you are saying and what you meant. Just hearing everyone say FRAUD! got a bit much when this lady did not in the slightest mention anything of that nature during our INFOpass in fact she welcomed it. I don't know why. I have seen its also expensive to do. So we will have a think about it all. And yes there was definitely no intent. The intent was to visit my husband leave at the 90 day mark go to Australia and do an interview/medical around NOV/DEC and come back all happy by Jan! How NAIVE that thinking was…….

No, I am 100% correct.

You can file I-485 now, and send a copy of your NOA1 from the I-130 and your case will be turned into a concurrent case.

I can explain it to you, exactly how, but if you insist on doing "special research" that concludes something else (incorrectly) then I won't waste my breath trying to help.

I went through the pack i was given, and it says that I must not only have a NOA-1 but also an approval of the i-130. She specifically told me to not file this until we receive the approval. Dunno, your the second person saying this.

Nope nope nope, you read wrong wrong wrong.

[Gia2577 12]

Let us know what you decide and how it goes. This is very interesting. My husband would jump at the opportunity but seeing as to how he still hasn't submitted our I-130 packet and I'm due to give birth in April, I won't be able to test that lady's theory.

She did say we should have filed it together to begin with and that would have been better. But yes now from what i understand and have researched you should not technically be entering the US with the intent to stay which I didn't have when I came almost 3 months ago. However people are clearly doing it.

[Gia2577 12]

it's true ! I swear ! Can Do !

Are you speaking from experience??

[Gia2577 12]

All i have to say is that the lady is right .. i have bein in us long enough to know that .. i dont know why every one keps telling that its not ..if you are here and marry a us citizen you can be on any visa and do an adjustment of status .. but o well

Are you also speaking from experience and yes I agree with you in regards to an immigration officer in USCIS in our info pass appointment advised we can do this and I do not see a reason to doubt her really, I'm not sure we will at this stage but it is something we will finally contact lawyer about (until now we had prided ourselves wight he fact we have done it all without a lawyer and will continue but we do need this advice).

[Gia2577 12]

It seems I have tapped into a touchy subject when really I had no idea what this whole AOS thing meant or was even possible but as a few now on this forum and others who have reached out to me personally have said it IS possible and an option especially as it was presented as one to us by USCIS themselves in a personal one on one interview. I don't think the papers would exist nor would a second person in the NY field office give me the package so freely if it was an issue for our particular situation.

I do agree that USCIS well over the phone mainly are ridiculous with the info they give or don't give but I was at this interview with my husband in person and the person I dealt knew what she was talking and did not suggest it until my husband asked whether I could be interviewed in the US as opposed to sydney. I can understand why people are disgruntled about it as it might not be an option for them and knowing its an option for others is frustrating as this whole process is a nightmare. I'm not sure what we will do at this stage, as I'm still waiting for an approval and by the time that comes it might even be the same length of time to finish the process out in NVC and Sydney as it is to Adjust our status here, its not instantaneous. So we will have a look into it and see what suits us best and what is the cheapest option considering airfares and all that.

[Gia2577 12]

No, I am 100% correct.

You can file I-485 now, and send a copy of your NOA1 from the I-130 and your case will be turned into a concurrent case.

I can explain it to you, exactly how, but if you insist on doing "special research" that concludes something else (incorrectly) then I won't waste my breath trying to help.

Nope nope nope, you read wrong wrong wrong.

I haven't insisted on anything really… I've just relayed what was told to me and upon researching it online what i was told is what I can find. The form clearly states I need approval. I have included a photo of where it says it. However a second person on this thread agrees with you so obviously there is another way around it. if you have information to share about it then do rather than toy with it, it's not about wasting your breath obviously I and others will be happy to hear what you know thats the whole point why I posted this thread to begin with was to hear other experiences. I have only mentioned a few times that I will research what I have been told which is the right thing to do rather than blindly going through things which clearly has not helped me so far. If you know from personal experience something other than that then by all means share it rather than be vague or toy with people.

[inlovesalem 17]

I didn't read through the whole thread, but if you are IN the US, and when you came into the US, you hadn't intended to stay when entering, then yes you can file your I-485. Even if your waiver is up in so many days, as marriage to US citizen voids it and you are in a whole other category (in laymans terms)

People get upset when others file concurrently and automatically assume we are trying to "one up the system" and automatically throw words out like fraud.

We didn't know what the heck to do, or the process either when we married and didn't know how complicated it was. People tend to forget not everyone who moves to the US have been on this board for years and know all the "rules". Most of us find this board when researching what to do next.

Now that I know a little bit more about it, yea, I agree, ok, maybe some knew beforehand that they weren't suppose to enter on false pretenses, but I think mostly people just aren't aware of all the paperwork and legalities of moving to another country. Maybe I have blinders on, dunno....

If you DID enter with intentions to stay then well whole other story... that's for USCIS to judge and prove.

[redskins47chaos 6]

I didn't read through the whole thread, but if you are IN the US, and when you came into the US, you hadn't intended to stay when entering, then yes you can file your I-485. Even if your waiver is up in so many days, as marriage to US citizen voids it and you are in a whole other category (in laymans terms)

People get upset when others file concurrently and automatically assume we are trying to "one up the system" and automatically throw words out like fraud.

We didn't know what the heck to do, or the process either when we married and didn't know how complicated it was. People tend to forget not everyone who moves to the US have been on this board for years and know all the "rules". Most of us find this board when researching what to do next.

Now that I know a little bit more about it, yea, I agree, ok, maybe some knew beforehand that they weren't suppose to enter on false pretenses, but I think mostly people just aren't aware of all the paperwork and legalities of moving to another country. Maybe I have blinders on, dunno....

If you DID enter with intentions to stay then well whole other story... that's for USCIS to judge and prove.

This! Bottom line is if you are in the US and did not plan to AOS before entering, then yes you can file your I-485.

[Harpa Timsah 13,258]

I haven't insisted on anything really… I've just relayed what was told to me and upon researching it online what i was told is what I can find. The form clearly states I need approval. I have included a photo of where it says it. However a second person on this thread agrees with you so obviously there is another way around it. if you have information to share about it then do rather than toy with it, it's not about wasting your breath obviously I and others will be happy to hear what you know thats the whole point why I posted this thread to begin with was to hear other experiences. I have only mentioned a few times that I will research what I have been told which is the right thing to do rather than blindly going through things which clearly has not helped me so far. If you know from personal experience something other than that then by all means share it rather than be vague or toy with people.photo.JPG

I am not being vague. I said exactly what to do, and I am absolutely certain about it. Your photo seems out of context, it refers to certain categories listed below, but you don't show what categories they are. My guess is the categories don't include spousal ones. Is that the I-485 instructions? because that is not on the current instructions anyway, so I can't read through the entire context.

I know that the I-485 can be sent with a pending I-130. I have helped many people do this, and seen many other people do the same. This is like me saying the sky is blue and someone saying it is green, because they read it on the internet.

I know the person you spoke to said otherwise, but she was wrong. It is a problem that a USCIS person gives such wrong advice.

You can read option A in part 2 of the I-485 (read carefully through the commas) and the verbiage under 1B in the instructions.

[Gia2577 12]

Well in theory she is right...kinda. I have seen SO many people getting married under the VWP and filing for AOS without any problem! In fact, many lawyers suggest it. It kind of baffles me but whatever. You can file for AOS while being in the US if you are married. The thing is you have to prove that you did NOT intent to adjust your status and immigrate if you entered the US for a temporary stay (aka VWP or Tourist visa) That is in theory of course. As I said, I've heard many successful stories, especially if you come from a country that is under the VWP. It is a high risk/high reward situation. Sure it sucks waiting and it is highly frustrating when you see people doing it the "wrong" way and getting away with it but in the end, if you go through a visa process, it's the right and legal way to do it. That's just my two cents..Thanks

Thanks for the feedback, yeah she didn't really say it as a theory she just said we could do it and again she didn't seemed stressed in the slightest when telling us this, no did she mention it was risky. Thats pretty much why I came online as soon as I came home to let everyone know. If I had known it was a touchy subject or accused of being fraudulent I would have kept it to myself! In fact my husband told me not to post it because he thought there would be a massive wave of people wanting to do this and we would be delayed still!! haha. I mean we didn't even know it was a 'wrong way' to do it. Because my husband thinks its a hassle to do the interview in Australia especially whilst I am here visiting him is why it came up, purely bc he wanted to know if I could interview here. I told him not to even waste his time asking that question as I was pretty sure I would have to go to Oz. So we were very innocent in our questions and maybe she could see that and can see we are not committing fraud and hy she suggested, as we left she called out congratulations on our marriage earlier this year so yeah it was very light hearted.

[SennaBrigante 92]

I would consult another immigration officer and confirm whether what the lady said can be legally done. If people from immigration themselves are suggesting this route, I don't see why it can't be an option for you to consider.