Filing Abroad Versus After Entry Via Visa Waiver Program

[Scooter 0]

I sincerely apologize for leaving details out of my previous thread.

 

My family and I are in the States now, on vacation, and we came with the intention of visiting family and experiencing American culture.  During our visit, we have become aware of opportunities that we are interested in pursuing while living in the USA.

For over 10 years, my spouse and I have resided in Japan where USCIS does not have a public counter presence.

We were married in the US and have been married for over ten years.

We have two children with US passports.

Spouse is a Japanese national.

We don't have an address in the USA, so filing with the Chicago Lock-box seems very slow & difficult.

We have family in Japan and sufficient resources to remotely maintain our residence in Japan while awaiting Visa approval in the States.

 

Is it possible to initiate the IR-1 process in the USA after Japanese spouse legally enters the USA via Visa Waiver Program?

 

If it is necessary for me to travel in advance to establish residence, the family will be separated for many months and we would like to avoid this separation.

 

In a previous thread, user "geowrian" kindly stated the following:  "Once AOS is filed, your wife cannot leave the US (without abandoning AOS likely needing a CR-1/IR-1 visa to re-enter) until she gets AP..."

 

Could someone please explain what "AP" is?

 

Thank you,

Scooter

[Boiler 46,311]

Why do you want to obtain a visa when you are here?

[Unlockable 7,316]

AP in your wife's case is advanced parole. It gives the intending immigrant authorization to reenter the USA after he or she leaves. When she first entered the USA she had no immigrant intent. But after she files for Adjustment of Status it is obvious that she has intent to immigrate. Because of this, the circumstances changes. If she leaves the US anytime after filing for AOS her case would be deemed abandoned. So to prevent this, she must file for AP and EAD (which is authorization to work. Just in case she wants to). AP usually takes 3 - 4 months to receive. After AP approval and receipt, she can leave and be allowed to reenter the US.

[Scooter 0]

1 hour ago, Boiler said:

Why do you want to obtain a visa when you are here?

Among other reasons, to allow children to enroll in school in September, without being separated from either parent.

[Boiler 46,311]

Adjusting in country would seem to be simpler?

[pushbrk 13,203]

10 hours ago, Scooter said:

Among other reasons, to allow children to enroll in school in September, without being separated from either parent.

As indicated before, visas are not issued in the USA for the USA.  Follow the Guide for adjusting status from other visas and ask your questions in that more appropriate forum, where your actual circumstances and process are discussed daily.  You'll doing a concurrent filing to adjust your wife's status to IR-1 STATUS (full Lawful Permanent Resident Status with a 10-year green card.  Once you file your petition and her applications for status, work authorization and Advance Parole, your wife will no longer be authorized to enter the US as a visitor, so she should remain in the US, even past her allowed stay.  Her overstay will be forgiven when her application for IR-1 "STATUS" (not a visa) is approved.

[TBoneTX 46,304]

Thread is moved from the CR-1 Process forum to the "Adjustment of Status from Work, Student, & Tourist Visas" main forum.

[Scooter 0]

Thanks for helping my understand the proper topics to search regarding our situation.  Please feel free to delete or lock this thread, as I am now better prepared to research the details of AOS.

 

Edited June 9, 2017 by Scooter