Help, help, help!

[kvetchingeditor 0]

I am a U.S. citizen who returned to America after living abroad for a few years in Israel with my son (also a U.S. citizen) and my husband, who is a citizen of Israel and the UK. We returned to the U.S. because my father, who has suffered quadruple bypass, diabetes, and lymphoma, began having mysterious seizures earlier this year. I came to the U.S. to help him get well, find a plan of treatment, and get a proper diagnosis.

Because we were planning on being in the U.S. for several years, we began the process of getting a green card in April 2014. My husband’s i-130 was approved quickly, and when we moved to the U.S. at the end of April, we put his i-485/i-765/i-131 in motion.

In the meantime, I have been working full-time while my husband takes care of our 9-month-old son Asher at home. He is, ultimately, our son's primary care giver.

On Monday, September 29, 2014, I lost my primary job. On the same day, my husband found out that his grandmother back in the UK was sick and likely would die within the week.

We immediately called USCIS to find a solution so he could legally travel to the UK, as he is the family rabbi. We were told by the USCIS agent that the only option was to file an expedite on his i-131 travel document and hope for the best. She said we should hear back within 5 days. I went ahead and made an appointment to go into the local USCIS office on Thursday, October 2, just in case there was more they could do. It was the earliest available appointment.

On Wednesday, October 1, we got word that my husband’s grandmother had died. The funeral was slated for Friday, October 3, just before Yom Kippur.

We immediately called USCIS to check on the status of the expedite and find out if there was anything else we could do. Again, we were told that the only option was to wait. We explained that in the Jewish religion, burial happens quickly, and waiting was not an option. The USCIS agent told us, again, we had to wait.

Unfortunately, that was not an option. We had to immediately book a ticket and I drove my husband to the airport where he took a redeye to Washington DC. He left the U.S. for England at 9:15 a.m. on Thursday, October 2, 2014.

Around the same time, I went in for our appointment at USCIS. They told me that there was absolutely nothing that could be done.

In fact, they said, I should have come into the office on Wednesday to get an advanced parole document from the office. I expressed shock that this was an option, as the USCIS agent had told us on Monday, and again on Wednesday, that our only option was to wait on the paperwork.

The USCIS agent in the local Denver office added, however, “I mean, we were closed yesterday (Wednesday), but I bet if you had banged on the door someone might have helped you.”

Basically, we were set up to fail. The fact that my husband and I are Jewish and burial rites happen very quickly in our faith meant that we could either let his grandmother z”l be buried without the family rabbi or we could be met with the present situation where my husband is unable to return to the U.S. without fear of being A) removed and B) his immigration paperwork being canceled.

Two lawyers I have spoken with have told me that the best case scenario is for him to stay in the UK for 8-12 months while USCIS transfers his immigration case to the London consulate.

Of course, this would mean that

• I can’t look for work because the primary care giver is no longer in this country.

• I am unable to see my husband for a year or more.

• My son will be unable to see his father for up to a year, causing my husband to miss major milestones and for a child to be without a father figure.

I cannot live without my husband for a year, and I cannot raise our child alone. I do not want to be forced to move to the UK or back to Israel because of a failure of USCIS to provide us with the correct information. I want my husband's paperwork to be finalized, for him to be able to return to us immediately, and for us to continue living our lives.

What do you suggest? Please help us!

[Pitaya 2,577]

~Moved from Fam.-based AOS to Work, Student, Tourist-based AOS Forum~

~Inquiry about AOS from Tourist/visitor/Work/AWP visa~related process~

(organizer hat off)

I sincerely hope that you are able to find reasonable and prompt solutions to your immigration issues.

Edited October 7, 2014 by A&B

[kvetchingeditor 0]

But this isn't a Work, Student, Tourist-based AOS Forum issue.

Why did it get moved? It's my spouse.

[Pitaya 2,577]

What type of visa did your husband enter the US and is adjusting status from?

Perhaps I misinterpreted your husband's status in the US.

[kzielu 1,153]

But this isn't a Work, Student, Tourist-based AOS Forum issue.

Why did it get moved? It's my spouse.

How did your husband arrived in US ? Did he use VWP ? If yes, then is tourist based AOS.

And if he did, he set himself up to fail - not _was_ set up. This doesn't leave any room for emergencies like that, leaving without AP abandons AOS and he may not be able to use VWP again depending on when he left vs. 90 days allowed.

Consular processing like lots of people here is one option, other is to count this abandonment get unnoticed and he is allowed to return and complete AOS.

[kvetchingeditor 0]

We got his i-130 while living abroad and were going to do consular processing, but the illness in my family created a pressing need to get to the U.S. ASAP. As a result, he entered on VWP with his British passport. With all of our visits to USCIS and paperwork filing, we haven't run into a problem.

From a legal site: "Generally, when a person enters the United States on Visa Waiver Program, he or she is expressing intent to leave within 90 days. For that reason, a Visa Waiver entrant would not be able to file for adjustment of status, even within the permitted 90 days of stay. There is an exception for filing as an immediate relative, such as spouse, of a U.S. citizen."

[Boiler 46,202]

He entered as a Tourist with the intent of staying. Generally you can not adjust to another status using the VWP but an exception is made through a US spouse but if he said he was using the VWP to immigrate, well that is not allowed.

Anyway past history now. He abandoned his adjustment when he returned and any visiting will need to be done by you. As has been said he will need to obtain an Immigrant Visa through the Consulate, sounds like there are two choices.

[AnnaMaria 68]

I am not sure how accurate that "legal site" is.

There are thousands and thousands of families living apart who qualify for the VWP. Imagine if every single one of those fiances, relatives, or spouses just used the VWP to skip the immigration process and adjust their status after arriving as a tourist. It doesn't sound 100% impossible, but I highly do not believe that someone can enter the US as a visitor with the true intention of adjusting status.

[NancyNguyen 1,658]

We got his i-130 while living abroad and were going to do consular processing, but the illness in my family created a pressing need to get to the U.S. ASAP. As a result, he entered on VWP with his British passport. With all of our visits to USCIS and paperwork filing, we haven't run into a problem.

From a legal site: "Generally, when a person enters the United States on Visa Waiver Program, he or she is expressing intent to leave within 90 days. For that reason, a Visa Waiver entrant would not be able to file for adjustment of status, even within the permitted 90 days of stay. There is an exception for filing as an immediate relative, such as spouse, of a U.S. citizen."

Your husband clearly used vwp to adjust status that constitutes visa fraud. He left without AP, it means he has abandoned his i485. His best bet now is ir1 visa route. You need to call USCIS to forward your case to nvc.

Edited October 7, 2014 by NancyNguyen

[kvetchingeditor 0]

Absolutely no one -- lawyers or USCIS -- have mentioned that this is the issue.

So my only option is the i-824 transferring his USCIS case back to NVC and waiting 8-12 months to see my husband?

[Boiler 46,202]

I am not sure how accurate that "legal site" is.

There are thousands and thousands of families living apart who qualify for the VWP. Imagine if every single one of those fiances, relatives, or spouses just used the VWP to skip the immigration process and adjust their status after arriving as a tourist. It doesn't sound 100% impossible, but I highly do not believe that someone can enter the US as a visitor with the true intention of adjusting status.

It is a very popular route, but the intent is the issue and that bridge has been burnt.

[belinda63 3,047]

This is why it is called the misinformation line.

He left thus abandoning his AOS. The only option now is to continue the consular processing. He no longer qualifies to use the VWP. He could apply for a tourist visa.

Edited October 7, 2014 by belinda63

[AnnaMaria 68]

Unfortunately, it sounds like you have just entered the nightmare that everyone who married a foreign spouse has to endure to continue a life together in the states.

I hope you can get your case expedited, that could shorten the time to 3-5 months, but some of the veteran VJ'ers might have to give you better guidance on what your other options are.

Right, sorry Boiler. I was referring to the intent of the situation, not the act itself.

[milimelo 4,570]

Won't take a year to transfer to NVC but some persistence from your side will be needed. See if you can call NVC for expedite once file makes it there.

In the meantime, husband could start on the paperwork needed for NVC and you could get started on finding a joint sponsor for i-864.

[kvetchingeditor 0]

We already filed the i-864 + i-864 joint sponsor with our i-485/i-765/i-131. It's sitting at the Lee's Summit processing center as we speak.

Does that i-864 get canceled or something?