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Pinkclouds

Can a permanent resident spouse come to the USA on an esta visa and stay while AOS?

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Filed: Citizen (apr) Country: Taiwan
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35 minutes ago, Pinkclouds said:

Or would the spouse have to be on a different type of visa?

Other than VWP.....

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Citizen (apr) Country: Taiwan
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2 minutes ago, Pinkclouds said:

Thanks.  I'll read up on this. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Citizen (apr) Country: Morocco
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From the site u posted this is noted as u have been out of the US for a year and 5 months (that is not a temporary visit)

 

The child born during the permanent resident mother’s temporary visit abroad provided 

 

 

What did u do to apply for an extended stay so your green card stays vaild?

if u did not apply for the right document to return ,  CBP may see it as u abandon your green card

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Filed: IR-1/CR-1 Visa Country: Ukraine
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It is fraud to enter on VWP or nonimmigrant visa (excluding dual purpose and K1 fiance visa) with the intent to stay and adjust status.

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Filed: Country: Jamaica
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2 hours ago, Pinkclouds said:

I've read this - https://www.uscis.gov/family/family-of-green-card-holders-permanent-residents

 

It states that I would need to "Provide proof of your status to demonstrate that you are a permanent resident."

 

However I have been out of the country now for 1 year and 5 months. I am trying to come back before 1 year and 8 months. 

 

I would be bringing back my newborn child, which I have read I have 2 years to do so, from the date I left the country. 

 

The link I have linked states that as a permanent resident, I can petition/apply for my spouse. 

 

But further down it also states- 

 

"If your relative is already in the United States legally, he or she may apply to adjust status to become a permanent resident after a visa number becomes available using Form I-485, Application to Register Permanent Residence or Adjust Status."

 

What does it mean by legally? Does this mean if my spouse entered into America on an esta visa, I could petition AOS and could stay here until a decision is made? 

 

 

NO - spouse of LPR cannot AOS  also it is considered immigration fraud.  You also cannot return with your newborn child without a visa

Phase I - IV - Completed the Immigration Journey 

 

 

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Filed: K-1 Visa Country: Wales
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1 minute ago, Pinkrlion said:

NO - spouse of LPR cannot AOS  also it is considered immigration fraud.  You also cannot return with your newborn child without a visa

Pursuant to 8 C.F.R. § 211.1(a)(1):  A child born to a Lawful Permanent Resident (LPR) of the United States will be waived the requirement for a visa to enter the United States without a fee as long as:
 

  • the child was born during the temporary visit abroad of a mother who is an LPR or national of the United States; and
  • the child's application for admission to the United States is made within 2 years of the birth; and
  • the child is accompanied by the LPR parent who is applying for readmission as an LPR for the first time since the birth of the child; and
  • the LPR parent is found to be admissible to the United States


Upon entry, the child's passport will be stamped “temporary I-551,” and Customs and Border Protection (CBP) officials at the port of entry will complete and issue a Form I-181, Memorandum of Creation of Record of Lawful Permanent Residence. CBP officials at the port of entry will submit the Form I-181, Form I-89 (biometric information), and a copy of the child's birth certificate to U.S. Citizenship and Immigration Services (USCIS) so that a Form I-551 for the child may be produced.

The child's Form I-551 should arrive in the mail within 30 days. If, after 30 days, the Form I-551 has still not been received, the child's parent should make an Infopass appointment with USCIS to confirm that USCIS had the correct address and if not, ultimately file a Form I-90, Application to Replace Permanent Resident Card.

“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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2 hours ago, Pinkclouds said:

I have, hence me attaching the link. No where on the page does it say it's prohibited.

 

If you are going to be unhelpful, please do not reply to my thread. Thanks.

The TOS of Visa Journey, which you agreed to when you jointed, prohibit telling others not to post.

 

And just because you don’t want to hear the truth about the type of immigration fraud you’re contemplating doesn’t mean it’s unhelpful.

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Filed: K-1 Visa Country: Wales
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2 hours ago, Pinkclouds said:

Look it up, it is allowed.

Boiler we have messaged about my situation before

I have trouble remembering what I did yesterday, off to have a look.

“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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Filed: K-1 Visa Country: Wales
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2 months ago, this provides the background. As Joe says C'mon man.

 

 

Are you still in the UK?

 

 

“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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Filed: Citizen (apr) Country: Ghana
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The more important thing is getting in with your permanent residency intact however partly because of Covid and traveling restrictions they’ve been very lenient. With you just having a baby (and you could argue you couldn’t return because you were pregnant etc and didn’t want to vaccinate) I expect them to be very lenient and overlooking your relatively lengthy stay abroad without a returning resident visa.

 

 

Edited by African Zealot

Just another random guy from the internet with an opinion, although usually backed by data!


ᴀ ᴄɪᴛɪᴢᴇɴ ᴏғ ᴛʜᴇ ᴡᴏʀʟᴅ 

 

 

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Filed: Citizen (apr) Country: Jordan
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Entering the U.S. with ESTA or with a visitor visa, with the INTENT to STAY and adjust status is illegal, it is immigration fraud. Even if it were possible (it isn't), you have been out of the U.S for over a year, did you obtain a re-retry permit or do anything at all to maintain your status? Several people have asked you that question and you have not answered, and by far this is the most important question you need to answer. We cannot help you unless you give us all of the details.

No, as a permanent resident you cannot just bring your child here without the proper visa.  

 

 

 


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Filed: K-1 Visa Country: Wales
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Only Immediate Relatives can adjust from the VWP so whatever the plan is not applicable here.

“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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Filed: Citizen (apr) Country: Brazil
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3 hours ago, Pinkclouds said:

What does it mean by legally? Does this mean if my spouse entered into America on an esta visa, I could petition AOS and could stay here until a decision is made? 

The legal way is for you to:

 

1.  Finalize your divorce with your US citizen husband.  Back in July you said you were still married.  When was your divorce final?  When did you get married in the UK to your new husband?

2.  Try to return to the US as soon as possible and hopefully they let you in as you've been out of the US for a long time.  You will not be able to bring your new baby with you.  Every day that you delay the re-entry increases the probability that the CBP officer will give you a hard time.  The advice you got back in July is the same--don't sign an I-407, etc.  You may end up in immigration court where a judge will decide whether or not you abandoned your LPR status.

3.  Assuming that you did not get married in the UK until after your divorce in the US was final, file an I-130 petition for your new husband and include the new baby as a derivative after you get to the US and re-establish residency, get a job, apartment, bank account, driver's license, etc.  Your husband and baby will have to remain in the UK for 1-2 years while the process to get visas to immigrate plays out.

 

If you cannot leave your baby in the UK in the care of your husband for 1-2 years, your best option is to stay in the UK and make a life there as a family.  So you have a tough choice to make.

Edited by carmel34
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