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Filed: Other Country: Germany
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Posted

Hello everyone, 

I have been married for a US citizen for 2 years. We lived in Europe for one year and moved to the US recently due to his employment. We filed an I-130 form while abroad, and I entered the US through the ESTA program. We got married overseas.

 

We meant to file the I-130 form through the consulate overseas, but we mistakingly filed it through USCIS. 

 

When explaining our situation to USCIS, they recommended that I enter the country through ESTA and file form I-485 while I wait for my I-130 to process.

 

We were planning on doing so, however, based on my research, this is only allowed in certain situations, and we are not sure if our situation classifies as such. 

 

I am posting here to ask if anyone has been in a similar situation or knows whether this is permitted or not. We are also considering turning to an immigration lawyer to look at our case.

 

Thank you in advance for any advice you can provide. 

Filed: Citizen (apr) Country: Kenya
Timeline
Posted

USCIS told you that?  I doubt. 

 

Guides are in top right. File the remaining forms. Add your I-130 reciept

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

Filed: K-1 Visa Country: Wales
Timeline
Posted

What did you say when you arrived in the US?

“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.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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