Traveling to USA whilst green card application pending

[SC787 2]

I am applying for my green card from the UK

my American wife is submitting form I130 from the US and I will submit form I 485 from the UK

i work for an airline and hold C1 and B1 visas for the US, I also have global entry.

does anyone know whether I will have any problem entering the US whilst my I 130/130A or I 485 are pending?

 

my thanks for any help

[payxibka 10,047]

4 minutes ago, SC787 said:

I am applying for my green card from the UK

my American wife is submitting form I130 from the US and I will submit form I 485 from the UK

i work for an airline and hold C1 and B1 visas for the US, I also have global entry.

does anyone know whether I will have any problem entering the US whilst my I 130/130A or I 485 are pending?

 

my thanks for any help

YES you have issues.  Does not work that way.  The I-485 filed concurrently with an I-130 the alien applicant MUST be inside the USA and needs to remain in the USA until paroled.  

 

Your option is for your USC spouse to file the I-130 for a spousal visa

Edited May 11, 2018 by payxibka

[Sunnyland 639]

24 minutes ago, SC787 said:

I am applying for my green card from the UK

my American wife is submitting form I130 from the US and I will submit form I 485 from the UK

i work for an airline and hold C1 and B1 visas for the US, I also have global entry.

does anyone know whether I will have any problem entering the US whilst my I 130/130A or I 485 are pending?

 

my thanks for any help

 

 

I'm not understanding. How is that you are doing AOS from abroad? Are you adjusting from a K1? 

[payxibka 10,047]

12 minutes ago, Sunnyland said:

 

 

I'm not understanding. How is that you are doing AOS from abroad? Are you adjusting from a K1? 

Because they apparently do not understand the process that in order to "Adjust Status" you must first have been granted "Status" by the CBP to adjust from

 

The I-130 is your clue as to it not being a K-1

[Sunnyland 639]

I read so many weird stories here that I don't even want to assume anything anymore. Just wanted the OP confirm. 

[SC787 2]

Thanks. Yes, I’m just getting started on this. I don’t want to apply from the US as I can’t afford not to be able to travel whilst the application is pending (parole to travel isn’t really an option) 

with that in mind I plan to apply from the UK. I assumed that as the I 130 was filed by my petioner (wife) and she is a US resident, that she would file the I 130 in the US and I would file the green card application (I 485) in the UK

if there is a better way, or this simply won’t work, I’d appreciate any advice

thanks!

 

[payxibka 10,047]

12 minutes ago, SC787 said:

Thanks. Yes, I’m just getting started on this. I don’t want to apply from the US as I can’t afford not to be able to travel whilst the application is pending (parole to travel isn’t really an option) 

with that in mind I plan to apply from the UK. I assumed that as the I 130 was filed by my petioner (wife) and she is a US resident, that she would file the I 130 in the US and I would file the green card application (I 485) in the UK

if there is a better way, or this simply won’t work, I’d appreciate any advice

thanks!

 

NO not how it works.  The spousal visa once approved results in a green card upon arrival in the USA.  That is the path for you.  Forget the I-485 that is not required.  JUST the I-130 

 

http://www.visajourney.com/content/i130guide1

Edited May 11, 2018 by payxibka

[SC787 2]

Many thanks, this seems like good news, to clarify, my wife files the I 130 in the US, presumably we have to attend an interview? 

During the time that the I 130 is pending, do you know if I can enter the US on my C1/ B1 visa or my ESTA?

i appreciate your advice

[SusieQQQ 11,587]

23 minutes ago, SC787 said:

Many thanks, this seems like good news, to clarify, my wife files the I 130 in the US, presumably we have to attend an interview? 

During the time that the I 130 is pending, do you know if I can enter the US on my C1/ B1 visa or my ESTA?

i appreciate your advice

Why do you have both a B and an ESTA? Anyway yes you may apply to enter, be sure to take sufficient evidence that you will be returning home to the UK after each visit. If CBP thinks you will just enter and stay they may refuse you entry. 

Edited May 11, 2018 by SusieQQQ

[SC787 2]

Thanks for that Suzie, I have a B1 visa via my company who for some reason acquire C1 and B1 together.

the reason I have an ESTA is because the officer at JFK said that I’d need it for my global entry to work

once I obtained an ESTA, sure enough the Global worked fine. It recently expired and the Global now gives my an X..... I guess I need to update the global entry people so that global regognises my B1 visa... somehow...

 

[JFH 12,191]

OK, you are not applying for a green card. You are applying for an immigrant visa that will grant you a green card upon arrival. 

 

It might sound the the same thing to you (and it pretty much is) but there is a distinct difference in immigration terms and it can affect the answers to your questions and cause confusion if you mix up the terminology. Please update your profile to show that you are applying for an IR-1/CR-1. You are not adjusting status. It helps people give the correct advice for your situation. 

 

You should have have no problems visiting during the processing. I had no problems  and I'm from the U.K. (and, incidentally, also in the same industry). But no e try into the USA is ever guaranteed except for USCs. It's unlikely that you will be refused but it's always possible...

[JFH 12,191]

*~*~*moved from "bringing family members of USCs" to "IR-1/CR-1 spouse visa process and procedures*~*~*

[SC787 2]

Thanks for your replies. Do most people following this route manage without a lawyer?

can anyone tell me what the reference about selecting an agent in DS 261 is about?

I’ve read in the excellent checklist by Saylin that it could be the petitioner?

 

[NikLR 13,232]

1 minute ago, SC787 said:

Thanks for your replies. Do most people following this route manage without a lawyer?

can anyone tell me what the reference about selecting an agent in DS 261 is about?

I’ve read in the excellent checklist by Saylin that it could be the petitioner?

 

Most of us on here do it without a lawyer.  Ds-261 is an online form at the NVC.  If the NVC were to send you physical documents, they would like a US based address to do so since the mail isnt reliable in some countries.  But they dont send anything and the form is pretty much useless except as a stepping stone for those wanting their process to take longer.  

[SC787 2]

Thanks Nik, I’m guessing that the DS 261 is still required?