Can I re-enter the US?

[JFH 12,190]

2 minutes ago, martin bk said:

He started AOS, I missed the approve bit my bad. 

But if his I-130 is approved that’s the longest wait, he may be able to apply to have his interview in the uk, leaving only the medical and interview to be done. 

Thus saving time. I think NikLR explained it a bit better. 

If he has to start again it could take another 10 months just to get his new I-130 approved, depending which service centre his petition is sent.

which is why I said he should speak to a lawyer who can give him the best advice. 

 

He won't need to start again with the I-130. There's no time limit on an approved I-130. Once it's approved, it's approved. It won't expire. 

 

It's whether his I-131 was approved or not (if he started the AOS) that's the big question. 

[martin bk 19]

Just now, JFH said:

He won't need to start again with the I-130. There's no time limit on an approved I-130. Once it's approved, it's approved. It won't expire. 

 

It's whether his I-131 was approved or not (if he started the AOS) that's the big question. 

That’s why I said speak to a lawyer and change his AOS, which his lawyer started while he was in the us, and do a cr1 visa now he’s in the uk. 

His I-130 is approved so he only has to do the NVC part, medical and interview. 

He should speak to a lawyer regarding his overstay to see if he does in fact need a waiver as he would have been in authorised status while his AOS was pending (he still won’t be able to use esta ever again tho) 

it probably wouldn’t hurt talking to a lawyer either way. 

 

 

[JFH 12,190]

Just now, martin bk said:

That’s why I said speak to a lawyer and change his AOS, which his lawyer started while he was in the us, and do a cr1 visa now he’s in the uk. 

His I-130 is approved so he only has to do the NVC part, medical and interview. 

He should speak to a lawyer regarding his overstay to see if he does in fact need a waiver as he would have been in authorised status while his AOS was pending (he still won’t be able to use esta ever again tho) 

it probably wouldn’t hurt talking to a lawyer either way. 

 

 

Where are you seeing them he filed the I-485? I'm reading that he didn't. I'm seeing that the lawyer mistakenly marked the I-130 as an AOS case when in fact the OP was expecting to apply for a CR-1 (as evidenced by his frustration in his previous thread that the NVC hadn't received his file and he was anxious and wanted to move on with the next stage and pay fees). The lawyer can't file the AOS for him. He (the OP) would have physically had to complete an I-485 (at the minimum) for the AOS to be submitted. The lawyer can help with filing paperwork, can explain things, can double check all the forms but can't actually submit forms without the OP's knowledge or signature.

 

 

[Tristan1978 133]

9 hours ago, Springrain22 said:

 

The only way you can come to the US is a spousal visa that might take up to 16 months once filed.

Do you mean 16 months when this is originally filed, or when the NVC receive the paperwork?

Edited October 30, 2017 by Tristan1978

[geowrian 22,337]

4 minutes ago, Tristan1978 said:

Do you mean 16 months when this is originally filed, or when the NVC receive the paperwork?

It's currently taking around 12-14 months on average from I-130 filing to interview. But it may be longer by the time yours comes up...things tend to be going that way but nobody can say for sure.

Edited October 30, 2017 by geowrian

[Tristan1978 133]

4 hours ago, NikLR said:

Did you lawyer file the I-485?  Was there an approved I-131 before you left?  If not then no, you cannot return.  If yes, then you can.  Please be absolutely sure you left AFTER the I-131 was approved if it was filed for.

 

It sounds like you stayed for a total of 180 days, so a 90 day overstay.   That means you cannot use ESTA regardless.

 

If you did not have an I-131 advance parole approved before you left the USA, you will have to have your I-130 forwarded to the NVC so you can continue with consular processing.  You would then have a medical and interview in London to get the CR1 visa that will allow you to move back to the USA with your wife.

 

Not following the rules has some serious consequences regardless of any person or financial reasons. 

I stayed just under 180 days in total. My lawyer filed the I130 form as an AOS after I returned to the U.K. this has now been approved but I’m guessing that was incorrect as I was in the U.K. when filed. 

 

What I really need to know is what’s the quickest way to change the I130 from AOS to consular processing and get it to the NVC? 

 

And how long from now will the process take?

[Tristan1978 133]

8 minutes ago, geowrian said:

It's currently taking around 12-14 months on average from I-130 filing to interview. But it may be longer by the time yours comes up...things tend to be going that way but nobody can say for sure.

Ok thanks, I was starting to panic as I130 was filed 9’months ago. 

[Bonnie'n'Clyde 5]

8 hours ago, SusieQQQ said:

How do you know this? Did you drive to Mexico with no one checking you at all, just waving the car through without even a glance at you?

 

as I said before it is certainly not true that no one checks you on the way out of the US at all. Like I said I have no passport exit stamps but DoS has the accurate record of all my exits clearly available online.

I went to Mexico a couple of months ago and was never checked or even looked at which surprised me.

[Dashinka 24,505]

10 hours ago, SusieQQQ said:

Hmmmmm, I love these “I heard” things on the internet.

first, just because there is no stamp doesn’t mean no one checks anything. I have no stamps from any of my exits from the US, true, yet they are all listed properly on my I94 record.

 

second, and here’s the big problem with this method, if that there really is no record of when you leave the US driving to Mexico, how can you possibly prove that you left in time to avoid a ban? Let’s say you leave after 160 days overstay (no ban) but there’s no record. You enter the US again 2 years later. For all they know you left the US a week before that re-entry and now have a ban for such a long overstay. How do you prove you didn’t? The only way to do this is by finding and providing records of what you were trying to hide in the first place by driving via Mexico. In other words, I really don’t see the benefit of doing this. The only way it could possibly work is if you outright lie to an immigration official on your re-entry and claim you left before the ESTA period was up. I believe lying to an immigration official like that could get you a very long if not permanent ban? Am I missing something in the “driving to Mexico” logic?

Doesn't Mexico Immigration share information with the US?  Unlike many countries, there is no exit immigration stamp at airports and such when leaving the US, but yet as you said, the I94 is kept up-to-date which I believe is due to the airlines and their check-in procedures.  As to driving, I can remember driving through Canada one time on the way to Rochester NY, I crossed at Sarnia entering Canada and drove straight through to Lewiston at NY.  During the drive I may have tested the Canadian speed limits a little, and when I re-entered the US at Lewiston, the CBP officer made a comment that I made it there pretty fast.  My assumption was that Canada Immigration and US Immigration was sharing information, so the US knew I left the country at least for a time period and they knew what Canadian POE I used, and of course, Canada most likely knew that I was no longer in Canada.

 

My point is that just because there is no US Immigration exit stamp, they still have ways to keep track of things.

[Going through 5,671]

Just now, Bill & Katya said:

Doesn't Mexico Immigration share information with the US? 

I know that Canada and the UK openly share immigration/border/criminal information with the US.  

Not sure about Mexico.

[NikLR 13,227]

5 hours ago, Tristan1978 said:

I stayed just under 180 days in total. My lawyer filed the I130 form as an AOS after I returned to the U.K. this has now been approved but I’m guessing that was incorrect as I was in the U.K. when filed. 

 

What I really need to know is what’s the quickest way to change the I130 from AOS to consular processing and get it to the NVC? 

 

And how long from now will the process take?

It doesnt matter how he filed the I-130 if the I-485 wasnt with it, it wasn't filed as an AOS. You need to know exactly what the lawyer filed and the status of those petition(s).  Ask the lawyer or your wife for the receipt numbers and check them on the USCIS status case checker.  If there was ONLY an I-130 (as you gone thats all he really could have filed) and it has been approved, your wife needs to find out where it's gone.  (You can't do this, only the petitioner or the lawyer can call the USCIS about the I-130 petition.)  Once you know for sure exactly where the I-130 currently is, let us know and we will help you with the next steps. 

Edited October 30, 2017 by NikLR

[JFH 12,190]

5 hours ago, Tristan1978 said:

I stayed just under 180 days in total. My lawyer filed the I130 form as an AOS after I returned to the U.K. this has now been approved but I’m guessing that was incorrect as I was in the U.K. when filed. 

 

What I really need to know is what’s the quickest way to change the I130 from AOS to consular processing and get it to the NVC? 

 

And how long from now will the process take?

Has your wife made an Infopass appointment? 

[Tristan1978 133]

13 minutes ago, NikLR said:

It doesnt matter how he filed the I-130 if the I-485 wasnt with it, it wasn't filed as an AOS. You need to know exactly what the lawyer filed and the status of those petition(s).  Ask the lawyer or your wife for the receipt numbers and check them on the USCIS status case checker.  If there was ONLY an I-130 (as you gone thats all he really could have filed) and it has been approved, your wife needs to find out where it's gone.  (You can't do this, only the petitioner or the lawyer can call the USCIS about the I-130 petition.)  Once you know for sure exactly where the I-130 currently is, let us know and we will help you with the next steps. 

Please see the i-797 does this mean it was an AOS?

[Going through 5,671]

42 minutes ago, Tristan1978 said:

Please see the i-797 does this mean it was an AOS?

That's for the i-130....did you ever submit an i-485 application ?

Edited October 30, 2017 by Going through

[Tristan1978 133]

2 minutes ago, Going through said:

That's for the i-130....did you ever submit an i-485 application?

Looking back through emails to my lawyer, I believe that the Form I-485 was submitted