HELP! Possible to change consular processing to AOS?

[Becky07 0]

Hi guys,

I am desperately in need of help!

Quickly our situation: I am the beneficiary. My husband is the petitioner.

My husband filed the i-130 on Dec 31, 2013, and it was finally approved (NOA2) Aug 8, 2014 by the USCIS. We filed it when we were both living in Europe. Now I am waiting on the NVC case number, which still on Sept 8, 2014 I don't have. In April 2014 my husband moved back to the US because he received a good job offer, and we didn't realise the process takes so long.. I am still living in Europe, and this long-distance relationship has been extremely difficult! And I need to be back with my husband already!!

My question is:

1) Should I continue to go with the NVC process and consular process? OR #2

I've read that this could take 3-4months until I would receive my visa.

a) Can I still visit the US while I'm going through the process? (As a tourist. Just so I could go see my husband) Normally I am allowed to visit US up to 90 days with the ESTA visa waver.

2) OR should I move to the US with the ESTA, and then apply for Adjustment of status in the US?

a) Would I be allowed to file for 1-485 (AOS) even AFTER my I-130 is approved? I read that they would usually have to be filed together. or would this only cause problems?

Please help! I would greatly appreciate it!! Thank you!

[Pitaya 2,577]

Welcome to the forum.

It is next to impossible to make the timeframes of two huge bureaucracies like USCIS and NVC adjust to your timeframe, it is almost always the other way around. Continue on your current immigration path.

I would advise you to avoid #2, if you come over to the US via ESTA with the predetermined intention to immigrate and not just visit, that could be construed as immigration fraud. If caught by the CBP, you could be subject to refusal of admission to the US and possibly a lifetime ban.

Additionally, It is against the forum's Terms of Service (TOS) for forum members to assist you in any marginally legal endeavor with regards illegal or immigration fraud activities .

From the TOS:

Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

Good luck on your immigration journey.

[Ian H. 207]

You can visit while the process is pending, that would be no problem as long as you don't lie to the CBP officer at POE about the intentions of your visit. You do have to prove to the satisfaction of the officer that you plan to leave at the end of your stay.

Some people on here say that it's perfectly ok to do AOS while on a tourist visa/VWP others say it isn't. Frankly, I don't know who to agree with. I don't think it's proper that a person circumvent the immigration process by doing AOS on a tourist visa or any other kind of visa for that matter, but it is what it is.

It's really very technical, because if you never lie about your intentions at POE, you can do AOS if your circumstances change after entry. I of course tell people to avoid that path, because while plenty of people have been successful, it still poses an unnecessary risk. Because if USCIS has the slightest reason to believe that you lied at POE, it wouldn't be pretty.

Therefore, my humble suggestion is that you wait for your visa abroad. Whatever you decide is ultimately up to you of course, but my suggestion would give you a greater piece of mind. Good luck.

[NikLR 13,232]

It is illegal to visit the USA with the intent to immigrate. #2 is illegal.

However you can visit your husband during the process of course. NVC is taking forever with their backlog. Bring proof of your ties to your home country in case they are asked for by the CBP and never lie to the CBP.

Be prepared for a denial of entry, but honestly, most people from VWP countries do not have an issue visiting. Because you're so far along in the process as well, I highly suggest finishing everything off in your home country vs changing your mind after arrival. Also be aware that immigration do read forums like this.

[Becky07 0]

Thank you guys for your help!

After reading your replied I researched more about the option #2, and yes you are correct, it is illegal! So that definitely is NOT an option.. I don't want to make things more difficult than they already are..

But hopefully I can visit my husband with the tourist visa. I will have to look into that to make sure. Because I don't want to run into any trouble..

[*Snowdrop* 604]

You should be able to visit with minimal hassle.

I made five trips to the US during our visa process at almost every stage of the process - USCIS, NVC and Embassy stage, and when asked who I was visiting I always said my husband and then they asked how long I was staying for (each trip was about 2 weeks) and then once they asked me who I worked for and who my husband worked for.

But the other times they didn't ask for any extra proof of return, although I always brought a folder of stuff like a letter from my boss saying when he expected me back at work, copies of my lease, and copies of our NOA1/NOA2 etc to show we were already following a set immigration path etc.