Visa Waiver, Already Married, I-485

[uschogm 0]

Hi, I am in a unique situation and need some advice and hopefully some answers to questions that I can't seem to get a hold of.

I am a US citizen, and while I was posted to Singapore and lived and worked there, I married my wife, a Singaporean citizen. We were married in 2011.

Just recently I took a job back in the US in March 2014. The job offer came in February 2014, very suddenly and things moved quickly.

Once I realized the job offer was coming I filed the I-130 for my wife.

I misunderstood some items when talking with the US embassy in Singapore, so we planned everything and made plans to move to the US together. In hindsight, the midundertanding was a big mistake.

I came back to the US before her at the end of April after a business trip, and she followed in May 2014.

She came in on the Visa Waiver Program and ESTA, and was pulled for questioning.

Now, we realized our misunderstanding, and that she was not allowed to come into the country under this program, as she was planning to come, stay with me and wait for the I-130 and whole process to finish up.

Our misunderstanding in talking with the embassy was that she could travel and come into the country before the I-130 and the subsequent items were approved. But that is in the past now.

She was pulled for questioning, and after 2 hours, they admitted her to the US under the Visa Waiver Program. They told her that she would not be able to use the Visa Waiver Program again if she left, but that she could apply for Adjustment of Status. They told us that the reason they let her in was because we told the truth, that we were mistaken about the procedure, and that we were not fradulently trying to get any status for her. We just made a mistake.

Within 2 weeks of this, we got the proper advice and filed the I-485, I-131 and I-765 the proper way.

Currently we are in the Request for Evidence mode for the I-485 and have had biometrics done.

The I-130 that we filed in Singapore is currently moved to our local office here in the US.

But I have a few questions which I am unsure about and trying to find answers to and get advice from reading through here.

- At what stage of the I-485 can you consider it to be a Pending Approval? After the interview? When the interview is scheduled?

- Her Visa Waiver expires at the end of July (90 days). Can she stay until Approval is given? Or must she leave the country when the Visa Waiver expires?

- We are going for an expedited I-131, we have an Infopass appt next week, because her father is ill and in the hospital and facing major surgeries, so she wants to be able to go and see him without risking the abandonment of the I-485 application. If she gets approval for this, at what point in the I-485 process can she use the I-131 (AP)? Now, before any interview and during the Request for Evidence? Or will it only be available to use when an interview is scheduled? Or after the interview?

- If the AP is approved, but her Visa Waiver has expired and she is overstaying it, can she use the AP to go see her father? Or is this not advisable because she would not be able to get back into the US because the I-485 has not been approved yet?

Thank you very much for all of the help in advance.

Timeline

2011 - Married in Singapore

Feb 18, 2014 - Filed I-130 from Singapore

May 3, 2014 - Entered under VWP after questioning by Homeland Security, told that she can Adjust Status

May 26, 2014 - I-485, I-131, I-765 sent via Priority Mail

May 30, 2014 - Recevied by USCIS

June 16, 2014 - I-797C Issued for I-485, I-131, I-765

July 8, 2014 - I-130 moved to local US Office

July 8, 2014 - Letter sent with Request for Evidence (letter not received as of yet)

July 9, 2014 - Biometrics Done

July 14, 2014 - Upcoming InfoPass Appointment for Expedited I-131

July 31, 2014 - Visa Waiver Set to Expire

[blk 87]

Hi, I am in a unique situation and need some advice and hopefully some answers to questions that I can't seem to get a hold of.

I am a US citizen, and while I was posted to Singapore and lived and worked there, I married my wife, a Singaporean citizen. We were married in 2011.

Just recently I took a job back in the US in March 2014. The job offer came in February 2014, very suddenly and things moved quickly.

Once I realized the job offer was coming I filed the I-130 for my wife.

I misunderstood some items when talking with the US embassy in Singapore, so we planned everything and made plans to move to the US together. In hindsight, the midundertanding was a big mistake.

I came back to the US before her at the end of April after a business trip, and she followed in May 2014.

She came in on the Visa Waiver Program and ESTA, and was pulled for questioning.

Now, we realized our misunderstanding, and that she was not allowed to come into the country under this program, as she was planning to come, stay with me and wait for the I-130 and whole process to finish up.

Our misunderstanding in talking with the embassy was that she could travel and come into the country before the I-130 and the subsequent items were approved. But that is in the past now.

She was pulled for questioning, and after 2 hours, they admitted her to the US under the Visa Waiver Program. They told her that she would not be able to use the Visa Waiver Program again if she left, but that she could apply for Adjustment of Status. They told us that the reason they let her in was because we told the truth, that we were mistaken about the procedure, and that we were not fradulently trying to get any status for her. We just made a mistake.

Within 2 weeks of this, we got the proper advice and filed the I-485, I-131 and I-765 the proper way.

Currently we are in the Request for Evidence mode for the I-485 and have had biometrics done.

The I-130 that we filed in Singapore is currently moved to our local office here in the US.

But I have a few questions which I am unsure about and trying to find answers to and get advice from reading through here.

- At what stage of the I-485 can you consider it to be a Pending Approval? After the interview? When the interview is scheduled?

- Her Visa Waiver expires at the end of July (90 days). Can she stay until Approval is given? Or must she leave the country when the Visa Waiver expires?

- We are going for an expedited I-131, we have an Infopass appt next week, because her father is ill and in the hospital and facing major surgeries, so she wants to be able to go and see him without risking the abandonment of the I-485 application. If she gets approval for this, at what point in the I-485 process can she use the I-131 (AP)? Now, before any interview and during the Request for Evidence? Or will it only be available to use when an interview is scheduled? Or after the interview?

- If the AP is approved, but her Visa Waiver has expired and she is overstaying it, can she use the AP to go see her father? Or is this not advisable because she would not be able to get back into the US because the I-485 has not been approved yet?

Thank you very much for all of the help in advance.

Timeline

2011 - Married in Singapore

Feb 18, 2014 - Filed I-130 from Singapore

May 3, 2014 - Entered under VWP after questioning by Homeland Security, told that she can Adjust Status

May 26, 2014 - I-485, I-131, I-765 sent via Priority Mail

May 30, 2014 - Recevied by USCIS

June 16, 2014 - I-797C Issued for I-485, I-131, I-765

July 8, 2014 - I-130 moved to local US Office

July 8, 2014 - Letter sent with Request for Evidence (letter not received as of yet)

July 9, 2014 - Biometrics Done

July 14, 2014 - Upcoming InfoPass Appointment for Expedited I-131

July 31, 2014 - Visa Waiver Set to Expire

Hi, you can forget about her I-94 visa waver running out & having to leave the US, on the 16th of June you received the NOA1s for the I-485, I-131 & I-765 so your wife is now in a period of authorized stay until her pending I-485 is approved or denied, so until she get's EAD/AP combo card or her Green Card she must not leave the US as doing so will close her application.

Brian

[MacUK 983]

No offence to the OP as obviously couples want to be together as much as possible.

But what's the point of there being rules when the very people who are supposed to implement those rules don't follow them.

Someone shows up at the airport clearly stating that they are using VWP to immigrate and CBP let them through with instructions on how to adjust?

Makes a mockery of the whole system and that CBP officer needs retraining.

[genddob 10]

Most definitely DO NOT let her leave the US now or your applications will be considered abandoned. If you applied for the advance parole she can travel after receiving it.

[funkymunky 11]

Hi I actually entered on a VWP and subsequently applied for the I-130 & I-485 while in the US. It's true that you cannot leave at any time without a I-131 approval otherwise you will be denied entry back but it is also not recommended you leave any time during the process either. The way it works allows you to travel overseas and return regardless of it your VW expired. Again travel is not advised as they may still deny you entry even though you have the I-131.

Because you filed the AOS, your wife is still deemed to have a legal right to remain in the US even pass her VWP date. As told to me by a civi immigration lawyer.

I received my approval notice at my interview appox. 7 months after applying at csc.

If you can then just wait it out.

FYI it is not an easy way to enter and apply, I was also briefly detained but had all documents and mil dependant id. They did not give me instructions to file and hinted that the right thing to do would be to leave according to the VWP.

Edited July 12, 2014 by funkymunky

[uschogm 0]

Thanks to all of you for your answers thus far.

I am pretty confident that she can remain in the US, even after her VWP expires.

Unfortunately she needs to leave the country in order to tend to her ill father, thus the reason we are applying for an expedited AP.

Thus, my biggest concern is her leaving with the AP to tend to her father, but at the same time an interview has not been scheduled yet, nor any status except for "in process" and that when she comes back in when her father gets better, or for the interview, whichever comes first, that she will not be let back into the country.

Hi I actually entered on a VWP and subsequently applied for the I-130 & I-485 while in the US. It's true that you cannot leave at any time without a I-131 approval otherwise you will be denied entry back but it is also not recommended you leave any time during the process either. The way it works allows you to travel overseas and return regardless of it your VW expired. Again travel is not advised as they may still deny you entry even though you have the I-131.
Because you filed the AOS, your wife is still deemed to have a legal right to remain in the US even pass her VWP date. As told to me by a civi immigration lawyer.

I received my approval notice at my interview appox. 7 months after applying at csc.

If you can then just wait it out.

FYI it is not an easy way to enter and apply, I was also briefly detained but had all documents and mil dependant id. They did not give me instructions to file and hinted that the right thing to do would be to leave according to the VWP.

[funkymunky 11]

Maybe someone who has traveled on the AP will answer you question. I saw on another post that it's taking only 3-4 months for approval right now so keep that in mind. Would definitely suggest she take any NOA's along with her (just in case) and bare in mind the duration of her stay overseas too. Hopefully they won't hassle her on the way back in, but I have read that she will be taken into secondary for extra questioning and that is apparently normal.

Also found this link that may help you.

http://blog.mygcvisa.com/2013/01/faq-traveling-on-apead.html?m=1

*note: the link talks about AP with pior H1 status, since she used the VWP it is unclear what may happen if she is paroled and denied I-485.

Good luck!

Edited July 13, 2014 by funkymunky

[ValerieA 350]

She definitely should not leave without the AP being approved first, or the AOS is abandoned and you will have to do a CR-1. We have not yet heard of someone being denied entry back into the US after this approval (emphasis on YET) but it would be better if she had the green card. My experience - I got the EAD (hadn't bothered with AP but they are the same card) the week of my interview, so it was worthless anyway.

She will probably be OK with just the AP, really. We are just very conservative about this because they are different branches of the same 'company', Border guards can just deny entry for no reason, but it's not likely. Just possible,