Please clarify "intent": Spouse enters on VWP filing I-485 with pending I-130 (NOA1)

[Suss&Camm 2,213]

Edited 

Edited April 22, 2017 by Suss&Camm

[Suss&Camm 2,213]

Let's just put it this way...on the i485 page 4 question 9.

Why do you think they ask?

[CantThinkOfOne 22]

4 minutes ago, Dee elle said:

Let me just add a comment here... I  not certain that the OP is looking for a loophole , but is rather struggling to put together all the pieces of this IR puzzle.

Did you read the full title and original post? 

 

@mods: I think the OP was given enough valid response/ advice, and judging by the effect this subject has on this forum, I'd strongly recommend this gets closed, imho

[MZCCOB 6]

Hi folks,

 

I've been away from my computer for a couple hours and I'm honestly amazed at the wealth of knowledge you've shared. Thank you! We were unsure of how to interpret the USCIS language surrounding exceptions and eligibility for AOS, and thanks to your responses it's much clearer now.

 

Our intent was never to advocate for breaking a law or committing fraud, and if you carefully read the original post, it becomes apparent that we sought to reconcile what appeared to be conflicting information.

 

Given the facts presented regarding legal entry, it's apparent that entering under a tourist visa or VWP without stating your intent to adjust status is fraudulent, and stating that intent would likely mean denial of entry. 

 

It's true, we're very blessed to be able to visit each other, and we're very thankful for it, and our hearts go out to those unable to do so.

 

@CantThinkOfOne We're sorry that our post inspired you to judge the character of our relationship. I'm sure you are acting with the best of intentions, but please find it in your heart to understand that we are finding our way through this process. What may seem to others like an obviously illegal action seemed to us like a gray area that could benefit our situation, and we came to this forum to seek clarification, not for a judgment on our relationship. Please keep your projections to yourself. 

 

Not sure if tagging @mods is a valid action, but if a moderator does see this thread I encourage you to keep this open, as the insights shared here could be helpful to someone else with the same questions. 

 

COB&MZC

Edited April 22, 2017 by MZCCOB

[geowrian 22,338]

20 minutes ago, MZCCOB said:

Our intent was never to advocate for breaking a law or committing fraud, and if you carefully read the original post, it becomes apparent that we sought to reconcile what appeared to be conflicting information.

 

Given the facts presented regarding legal entry, it's apparent that entering under a tourist visa or VWP without stating your intent to adjust status is fraudulent, and stating that intent would likely mean denial of entry. 

I'm glad you understand the situation better now and how the law is applied here. That said, I don't see the conflicting information...it really sounds like you were trying to find a gray area where there was none, which is likely what raised some of the responses you have seen here. Entering on any non-immigrant status (without dual intent provisions) with immigrant intent is very clearly prohibited in all cases.

Edited April 22, 2017 by geowrian

[CantThinkOfOne 22]

28 minutes ago, MZCCOB said:

 

@CantThinkOfOne We're sorry that our post inspired you to judge the character of our relationship. I'm sure you are acting with the best of intentions, but please find it in your heart to understand that we are finding our way through this process. What may seem to others like an obviously illegal action seemed to us like a gray area that could benefit our situation, and we came to this forum to seek clarification, not for a judgment on our relationship. Please keep your projections to yourself. 

 

Sorry if I crossed any lines, but was just speaking from personal experience, as well from experiences of people very close to me, where I could follow the development of things; by no means did I mean to judge. Was only mentioning that going the legal and honest way is the best, in ALL situations, immigration included.

[Cryssiekins 976]

@MZCCOB

I think we all just get a little maybe defensive regarding intentionally skirting the process, bc we all have faced ups and downs going through our individual cases.

 

I can definitely appreciate the wanting to find the best and quickest way to be together, and when you're just looking into the process, it is overwhelming and confusing. 

 

Your journey with USCIS will be one that tests your patience, but I encourage you to stay a part of the VJ community bc there is an overwhelming wealth of knowledge here and the users are very supportive.  If anything in this thread made you feel otherwise it's only bc no one can advise you to willingly break the law. 

 

Get the i130 process started as soon as possible and I guarantee you it will move quicker than you realize.  Just a little over a year ago, I was sitting on the Peace Bridge weekly thinking this would never be over and now... we're married and I have my green card and our life together is well underway.  Just a year, which, when I really think about it, flew by. 

[Penguin_ie 5,996]

***** As Op has received the correct advice, and this question is regarding potential illegal immigration, this topic is now closed and not to be restarted *****