HELP! LEFT U.S. BEFORE FILING ADJUSTMENT OF STATUS ON FAMILY EMERGENCY, CAN I COME BACK?

[Khallaf 650]

Just now, Chapters said:

Can I enter the US as a tourist periodically while the application is pending?

they chances they allow you to enter while it is processing is slim, I have however had known a few from India who held an already tourist visa and could come and go.

 

I was under the impression that you do not have a visa at all in your passport currently and the odds of getting an approval knowing you have a USC wife is unlikely, as they will believe that you do not intent to return to your country but adjust status once you get to USA.

[Khallaf 650]

6 minutes ago, Chapters said:

Can I enter the US as a tourist periodically while the application is pending?

so in short to be frank, your odds of getting back into the USA before going through the I-130 and CR1 process are slim to none sorry

[Chapters 1]

So I'm looking at 12-14 months to wait for approval,  with no possibility of entering and leaving on a tourist visa? Are there any ways to expedite the process?

[Khallaf 650]

Just now, Chapters said:

So I'm looking at 12-14 months to wait for approval,  with no possibility of entering and leaving on a tourist visa? Are there any ways to expedite the process?

https://www.uscis.gov/forms/expedite-criteria

 

there is the list to expedite 

 

the cost will be 535.00 for the application

once approved your spouse will pay at NVC 

120.00 for affidavit of support 

325.00 for the application for immigrant visa

once approved at NVC and submitted to country you will need to get police clearance, and medical exam those will all be another cost 

 

just giving you a brief rundown of what to expect.

[SusieQQQ 11,586]

2 minutes ago, Chapters said:

So I'm looking at 12-14 months to wait for approval,  with no possibility of entering and leaving on a tourist visa? Are there any ways to expedite the process?

If you have a British passport you can visit on VWP. Some people have more trouble entering than others while the process is going on, it’s true that it will be more difficult than usual but a blanket statement that you will almost certainly be denied entry is not true. What you will need, is proof of ties to return back to the UK after each visit (letter from employer, ongoing rental contract, etc).

9 minutes ago, Khallaf said:

so in short to be frank, your odds of getting back into the USA before going through the I-130 and CR1 process are slim to none sorry

 

This is not true of everyone. 

[Khallaf 650]

1 minute ago, SusieQQQ said:

If you have a British passport you can visit on VWP. Some people have more trouble entering than others while the process is going on, it’s true that it will be more difficult than usual but a blanket statement that you will almost certainly be denied entry is not true. What you will need, is proof of ties to return back to the UK after each visit (letter from employer, ongoing rental contract, etc).

 

This is not true of everyone. 

I understand its why I said slim....there is a chance however it is slim.

[SusieQQQ 11,586]

22 minutes ago, Khallaf said:

I understand its why I said slim....there is a chance however it is slim.

Lol nice attempt at backtracking ...

 

the chances are entirely dependent on the person and yes, it also depends on the country of origin. You gave a blanket response with no qualifications to that response, I felt it a lot more fair to give a proper answer. There are people on VJ who traveled multiple times to the US during the process.

[Chapters 1]

So if I showed proof of intent to return: ie: a return plane fare, work contract, rental agreement -- then it is possible (but not guaranteed) that I would be allowed to enter on a tourist visa and leave within the three months? I can do all of those things. 

And it's possible to expedite the process under certain circumstances.

Thanks again for your answers!

Edited February 28, 2018 by Chapters

[Khallaf 650]

2 minutes ago, SusieQQQ said:

Lol nice attempt at backtracking ...

 

the chances are entirely dependent on the person and yes, it also depends on the country of origin. You gave a blanket response with no qualifications to that response, I felt it a lot more fair to give a proper answer. There are people on VJ who traveled multiple times to the US during the process.

I did not attempt at backtracking anything, I gave a blanket response because WE do not know what will happen, OP is free to attempt any way to get back to USA, but since the process hasn't started and yes many have been able to do it, its has a number of factors that determine the ability in which to do it...

 

I am not going to argue my response with you I gave information to the best of my ability we can not speculate as to what will happen in any situation.

1 minute ago, Chapters said:

So if I showed proof of intent to return: ie: a return plane fare, work contract, rental agreement -- then it is possible (but not guaranteed) that I would be allowed to enter on a tourist visa and leave within the three months? I can do all of those things. 

And it's possible to expedite the process under certain circumstances.

you can apply for the VWP it will be up to many factors if they find you have intent to return, and CBP feel you have intent to return to your country.

 

if you are denied those options there is still the option of spouse to file for I-130 and expedite request it will be up to USCIS if the expedite is warranted. 

[JFH 12,189]

48 minutes ago, Khallaf said:

they chances they allow you to enter while it is processing is slim, I have however had known a few from India who held an already tourist visa and could come and go.

 

I was under the impression that you do not have a visa at all in your passport currently and the odds of getting an approval knowing you have a USC wife is unlikely, as they will believe that you do not intent to return to your country but adjust status once you get to USA.

Not the case here. The OP has a British passport and is therefore, presumably, eligible for the VWP. He has previously lived in the USA so one assumes that he is generally admissible. Whilst non-VWP people struggle to obtain visas to visit during the I-130 process, those with VWP privileges almost always are admitted. 

[Khallaf 650]

3 minutes ago, JFH said:

Not the case here. The OP has a British passport and is therefore, presumably, eligible for the VWP. He has previously lived in the USA so one assumes that he is generally admissible. Whilst non-VWP people struggle to obtain visas to visit during the I-130 process, those with VWP privileges almost always are admitted. 

I mean will he have to prove that he does not intent to stay to adjust status?

Edited February 28, 2018 by Khallaf

[JFH 12,189]

3 minutes ago, Khallaf said:

I mean will he have to prove that he does not intent to stay to adjust status?

No, I never had to. The VWP is completely different to a visa. The burden of proof is much lower as the VWP by default assumes that the traveler is at low risk of staying. A round-trip ticket or proof for onward travel is a requirement of the VWP. 

 

But in over 40 entries I never once had to "prove" anything. Two or three questions at CBP and that was it. 

[Chapters 1]

7 minutes ago, JFH said:

Whilst non-VWP people struggle to obtain visas to visit during the I-130 process, those with VWP privileges almost always are admitted. 

 

That is good to know.  So at immigration they would see that I-130 is in process and I would show proof of intent to return to UK while pending.  And fingers crossed that would work for them.

[Boiler 44,943]

Do you have a Tourist Visa? Reading the original post can not make out if you are eligible for the VWP assuming you are from a VWP eligible country.

Edited February 28, 2018 by Boiler

[Khallaf 650]

7 minutes ago, JFH said:

No, I never had to. The VWP is completely different to a visa. The burden of proof is much lower as the VWP by default assumes that the traveler is at low risk of staying. A round-trip ticket or proof for onward travel is a requirement of the VWP. 

 

But in over 40 entries I never once had to "prove" anything. Two or three questions at CBP and that was it. 

good information to know, with that I wish the OP the best of luck.