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Matthew7

Able to enter US and go for adjustment of status after I-130 denial in error?

By Matthew7 in IR-1 / CR-1 Spouse Visa Process & Procedures

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Matthew7 Newbie

Matthew7   0

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Hi,

 

After waiting for 2yrs abroad to re-enter the US and do so through consular processing, today I read what's in the pic below.  I found this on citizenpath.com.

screen.thumb.jpg.c234da9de1cfbddac0e3fcac706275c9.jpg

 

Wow. So they are inferring that I am able to come into the US and subsequently go for an adjustment of status. I'm trying to find more info on this as I'd understood that this is not allowed. 

 

I've been stuck with my US citizen wife abroad for several years looking to return to her home under the impression that I would only be able to do consular processing. Any info/clarification on this would be much appreciated! 

 

Extra info: we went the I-130 route and had my GC denied due to an internal error. They said we failed to return communication so we got denied by default. However we can prove this is incorrect but won't go the long route of having them figure out how to deal with it if we can just travel up and do an adjustment of status instead (now that my GC is officially denied, yet re-openable apparently). 

 

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Suze1 Rising Star

Suze1   366

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Filed: Citizen (apr) Country: Philippines
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Coming to the US under a tourist visa or VWP WITH THE INTENTION to adjust status is a visa violation.

Edited by Suze1

Profile pic - Rainbow Tower of the Hilton Hawaiian Village - Waikiki, Honolulu, Hawaii.

Why this for the profile pic?  Often in movies and on TV when they show Hawaii they show this beach/view. So, instead of doing Kauai or some other locale, we decided to do here, so that whenever some show shows Hawaii and this view, we will see where we were married.

 

BENEFICIARY (From Dubai)

2012 - US Tourist Visa, Manila, Philippines

2012 - First Night spent in the US - Waikiki Beach, Honolulu

 

2016 - Wedding on the beach, Honolulu, Hawaii

2016 - Honeymoon at the hotel in this photo, Waikiki, Honolulu, Hawaii

            They were filming a scene of Hawaii Five-O in the suite above ours during our Honeymoon stay! Actors everywhere!

            Spouse hung out here with celebrities from the movie The Fifth Element back when he moved to Hawaii

2016 - US Spousal Visa, via DCF, Manila, Philippines

....................................

PETITIONER (from NYC)

1999 - Got a place right down the street from this hotel - Waikiki, Honolulu, Hawaii

2007 - Visited Philippines on vacation

2008 - Got a condo in Makati, PH

2012 - Considered for a role on the TV show, The Last Resort, shot out of Hawaii

 

....................................

SUMMARY TIMELINE

06/2011 - Met Spouse in Makati, Philippines

01/2012 - B1/B2 Tourist Visa, Manila, Philippines

10/2016 - Married in Hawaii

11/2016 - Filed for Spousal Visa DCF, in Manila, Philippines

12/2016 - POE, CR-1 Status Received

10/2018 - ROC I-751 Received by USCIS

10/2019 - Filed for Citizenship, N-400

03/2020 - Citizenship Ceremony

 

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Matthew7 Newbie

Matthew7   0

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7 minutes ago, Suze1 said:

Coming to the US under a tourist visa or VWP WITH THE INTENTION to adjust status is a visa violation.

Right. I am aware of this. That's why I'm puzzled by "Therefore, immediate relatives (i.e. spouses, unmarried children under 21 and parents of U.S. citizens) may adjust status to permanent resident through a Visa Waiver Program entry". 

 

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Boiler Grand Master

Boiler   45,553

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57 minutes ago, Matthew7 said:

Right. I am aware of this. That's why I'm puzzled by "Therefore, immediate relatives (i.e. spouses, unmarried children under 21 and parents of U.S. citizens) may adjust status to permanent resident through a Visa Waiver Program entry". 

 

They can, but not as in your case with intent. What do you say when you enter on the VWP, you are staying? You will be on the next plane back.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Ryan H Grand Master

Ryan H   3,812

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Filed: Lift. Cond. (apr) Country: China
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***Under the below quoted provision of the TOS, this thread is locked to additional comments and is not to be restarted.***

 

By way of example, and not as a limitation, you agree that when using the Service, you will not:

  • Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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