Can I go wait in my country while the I-130 is pending

[Sonof 0]

Hi guys, can somebody give me some advice if it's possible while my I-130 is pending If I can go wait in my country. My wife applied the I-130 petition for me it's been a year, is it possible I can go wait in my country. Please give me an explanation about this if it's possible. Thank you in advance.

Edited August 1, 2018 by Son of God

[Roel 7,193]

Your spouse is a green cars holder right? In theory you should have waited in your country. 

 

What is your status in the US now? Do you have any illegal /out of status presence? 

[Sonof 0]

She is a Green Card holder, I was here with a student visa, I’ve been out of status 2 months ago, I wondering if I go in my country if The process can stil continue.

 

[Roel 7,193]

You have been out of status which means your petition will be denied no matter where you wait. Illegal presence is only forgiven for spouses of US citizens. 

 

Leave the country now to avoid the 3 year ban on entering the US. Or well. Sit in the US illegaly until your spouse become US citizen and file again. 

[Sonof 0]

She’s already in the process to become a us citizen, but the things is, there is a new policy of international student will come on August 9, if you are out of status you become unlawful presence after August 9.

[Ben&Zian 4,398]

..it's August 1st now so... in 8 days she won't be a citizen and probably won't get an approval... point is, you're going to run into problems.

[Sonof 0]

I’m already in problem, what do u think I should do please.

[mtempelaar 190]

My opinion here but USCIS is putting out new policies so quickly right now, and you are in a tight spot, so it might be wise to speak with a lawyer instead of taking the advice of anonymous strangers with minimal (or no) actual legal experience.  This is one of the few times I've actually recommended a lawyer on VisaJourney but when facing potential bans, that true legal advice is beneficial.  Get a free consultation from someone.

[Sonof 0]

Thank you so much for your advice, very helpful.

[geowrian 22,338]

After August 9th, you will be not only out of status, but accruing unlawful presence and become deportable. It's unlikely ICE will pick you up in the meantime, but you would not be the first person this has happened to. The only "safe" (and fully legal) option is to leave the US and wait it out.

Edited August 1, 2018 by geowrian

[Sonof 0]

Thanks for the advice.

[TBoneTX 46,117]

Thread is moved from the "Emigrating Outside the US" forum to the CR-1 Case Progress subforum.

[Eve & Sisco 21]

22 hours ago, Roel said:

You have been out of status which means your petition will be denied no matter where you wait. Illegal presence is only forgiven for spouses of US citizens. 

 

Leave the country now to avoid the 3 year ban on entering the US. Or well. Sit in the US illegaly until your spouse become US citizen and file again. 

This is no longer true. Illegal presence is also forgiven for spouses of US Green Card Holders/Legal Residents. I have seen other Legal Resident spouses be granted the forgiveness through Form I-601A.

 

Directly from USCIS website:

https://www.uscis.gov/news/news-releases/uscis-allow-additional-applicants-provisional-waiver-process

 

Edited August 2, 2018 by Eve & Sisco

[Roel 7,193]

13 minutes ago, Eve & Sisco said:

This is no longer true. Illegal presence is also forgiven for spouses of US Green Card Holders/Legal Residents. I have seen other Legal Resident spouses be granted the forgiveness through Form I-601A.

 

Directly from USCIS website:

https://www.uscis.gov/news/news-releases/uscis-allow-additional-applicants-provisional-waiver-process

 

No. Illegal presence is not forgiven for spouses of green card holders when it comes to AOS within the US. 

 

What you quoted is the waiver that can be used when the spouse is abroad and for example, has a 10 year ban on entering the US. Green card holder can then use this waiver to bring the spouse after i130 process is done. It's the same as for US cizitens and their spouses who are abroad with a ban. 

Edited August 2, 2018 by Roel

[Eve & Sisco 21]

4 minutes ago, Roel said:

No. Illegal presence is not forgiven for spouses of green card holders when it comes to AOS within the US. 

 

What you quoted is the waiver that can be used when the spouse is abroad and for example, has a 10 year ban on entering the US. Green card holder can then use this waiver to bring the spouse after i130 process is done.

Please note that I currently live in the US, but prior to receiving my workers permit through DACA I had unlawful presence in the US. When my husband, who at the time was a US Legal Resident petitioned me, we also applied for the I-601A, the waiver for Unlawful Presence to avoid the 10 year ban for the time spent here illegally. It was granted and now I am waiting on my interview. Once my NVC case was completed my husband submitted his Citizenship Certificate since he had changed from Resident to Naturalized Citizen.