Travelling on tourist visa whilst waiting for I-130

[appleblossom 2,810]

33 minutes ago, Lil bear said:

Failing to complete the AOS process would have ended his LPR status though ? 

 

Says they applying to remove conditions on his 2 year green card - so he was a LPR from the sound of things. Doesn't sound like he's eligible to use ESTA if he's never given that status up?

[Lil bear 4,261]

14 minutes ago, appleblossom said:

 

Says they applying to remove conditions on his 2 year green card - so he was a LPR from the sound of things. Doesn't sound like he's eligible to use ESTA if he's never given that status up?

He failed to complete ROC process so his LPR status would have expired at the date in his 2 year Conditional green card 

 

https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence#:~:text=You cannot renew your conditional,removable from the United States.

Edited October 14 by Lil bear

[Boiler 45,737]

If you do not properly file Form I-751 within the 90-day period before your Green Card expires, your status as a conditional permanent resident automatically terminates. We will:

Send you a notice telling you that you failed to remove the conditions; and

Begin removal proceedings against you by sending you a Notice to Appear at a hearing. At the hearing, you may review and rebut (deny) the evidence against you. You must prove that you met the requirements of your conditional permanent resident status; we do not need to prove that you did not meet the requirements.

If you file your Form I-751 after the 90-day period, you must include a written explanation for why you are filing late. We will determine whether there was good cause for your failure to file your Form I-751 within the required time period.

[Lil bear 4,261]

Just now, Boiler said:

If you do not properly file Form I-751 within the 90-day period before your Green Card expires, your status as a conditional permanent resident automatically terminates. We will:

Send you a notice telling you that you failed to remove the conditions; and

Begin removal proceedings against you by sending you a Notice to Appear at a hearing. At the hearing, you may review and rebut (deny) the evidence against you. You must prove that you met the requirements of your conditional permanent resident status; we do not need to prove that you did not meet the requirements.

If you file your Form I-751 after the 90-day period, you must include a written explanation for why you are filing late. We will determine whether there was good cause for your failure to file your Form I-751 within the required time period.

OP also states that they sent a letter withdrawing the ROC application. Not sure if they received any notification back of this action. So do you think his LPR status is sufficiently “expired” .. If it isn’t, then travelling on VWP is the least of his problems. 

[Boiler 45,737]

I don't know, lots of things fall into that category.

 

Now if it had been me I would have sent in the I 407 back then, that is the best clearest route. In my mind. 

 

The more common situation I have come across is where someone has say a 10 year GC and leaves and is gone many many years, well they have clearly abandoned their status, but gets let back in as a GC Holder.

 

Now this is even messier. I have a feeling that what should happen does not usually, but not sure. Also possible that action was taken and they do not know. Just throwing it out there.

[Lil bear 4,261]

24 minutes ago, Boiler said:

I don't know, lots of things fall into that category.

 

Now if it had been me I would have sent in the I 407 back then, that is the best clearest route. In my mind. 

 

The more common situation I have come across is where someone has say a 10 year GC and leaves and is gone many many years, well they have clearly abandoned their status, but gets let back in as a GC Holder.

 

Now this is even messier. I have a feeling that what should happen does not usually, but not sure. Also possible that action was taken and they do not know. Just throwing it out there.

Yes i agree about filling the I407 as the simplest way to clear the LPR status   Im wondering if an FOI for his USCIS records might be worth obtaining.. just so its moved out of the unknown and into the known … 

[Boiler 45,737]

A FOIA cannot do any harm. As I understand it not a guarantee to unearth everything.

[daigo1 2]

My wife (Canadian) has a pending I-130 but wants to visit me for a week without a visa (during the Christmas week). Will she have any issues driving across the border? (She lives a few hours drive away from me.)

Edited October 25 by daigo1

[RedAndSharpe 0]

On 11/13/2023 at 4:52 AM, RedAndSharpe said:

Hi everyone, I was referred to this forum by a friend who suggested I ask this question here. I hope I'm posting it in the right place.

 

Background:

I (Philippine citizen) have been living and working in the UAE for over 10 years, and my USC husband has been here for 6 years. We've been together for 4 years and married for 7 months. I had applied for a B2 visa back in September 2022 with the intent to meet my then-boyfriend's (now husband's) family in the USA. However, because of the very long queue of applicants in the UAE, the earliest we could schedule the interview appointment was November 2023, over a year away.

Instead of waiting until after we visited the USA, we got engaged last December and married this past April here in the UAE, with both our families in attendance. We decided not to cancel the B2 visa application because we'd still like to be able to visit his family. We have no intention of leaving the UAE to live in the USA yet as my husband has a job here for the next couple of years, but as we realize the process will take a long time we decided to start. We have since begun looking into the I-130 process (through Boundless) and we are expecting to receive the application package for USCIS sometime this week.

 

Situation:

I went to my B2 visa interview at the US consulate today and I was approved for 10-year multiple entry. We would like to visit my husband's family for a few weeks in spring 2024, but by that time we would have already filed our I-130 application. Would I be allowed to enter the USA on my B2 visa after submitting the I-130? And if I do enter the US on a B2 visa, how would that affect the immigration process? I hope someone can help us with this. Thanks in advance!

Just an update: We delayed our visit by a few months, but I successfully entered the US with no issues last week! We were asked very few questions when we landed in Houston. At the moment we are still waiting on our I-130 approval and will continue the process from the UAE (we will return mid-November).

[Technicalglitch 3]

On 10/24/2024 at 8:52 PM, daigo1 said:

My wife (Canadian) has a pending I-130 but wants to visit me for a week without a visa (during the Christmas week). Will she have any issues driving across the border? (She lives a few hours drive away from me.)

I'm Canadian (I-130 just got approved) and I visited the USA with my American spouse 6 times while it was pending, no problems.  The last time we entered we had an ornery border agent but didn't really have a problem getting in, the agent was just making us suffer a bit (said we didn't act like we were married ... which makes me wonder what all the other couples are doing that we are not!  I joked with my husband that we were probably too nice to each other, made her supsicious ...)  Crossing alone will probably not be a problem for her either, I used to do it when waiting for my K3 (I'm doing the process for the second time, we lived in Canada for a few years), although the border agents were a little more difficult when I was crossing alone and would usually send me into secondary, before giving me a bogus lecture on something I hadn't done and sending me on my way.