i-485 and DS260

[Cookie88 88]

Hi,

 

From my understanding i-485 is filing for adjustment of status within the US after you've had your i-130 approved. And DS260 is applying for the marriage visa/green card application from outside the US after having i-130 approved.

 

My question is, let's say someone applies for the i-130 from outside the US, and has it approved. Is there any legal route to then proceed with the i-485 from within the US instead of the DS260? 

 

In the i-130 application it's stated that I'd be applying for the next step from Islamabad. I know Islamabad has a 2 year wait time just for getting interview appointments alone. Our i-130 was applied for very recently and judging by the timeline it seems it's a 4 year process at best for us to be able to finally immigrate. Just trying to weigh up options here after the i-130 part is done. 

 

 

 

[Crazy Cat 41,836]

Where are you right now?  If you are outside the US, the I-485 does not apply to your case.  In addition, a person cannot enter the US via a non-immigrant route with the intent to stay and adjust status.  The exception is a fiance entering the US via a K-1.

Edited September 26, 2023 by Crazy Cat

[Cookie88 88]

I'm outside the US. I was wondering if there was a way to enter the US and be able to switch from having to do the DS260 to doing the i-485? I am guessing not... I would have to enter the US on an ESTA. 

 

I hope magically the situation in Islamabad improves by the time our I-130 is approved so I can be less nervous about this process. 

[Crazy Cat 41,836]

3 minutes ago, Cookie88 said:

I'm outside the US. I was wondering if there was a way to enter the US and be able to switch from having to do the DS260 to doing the i-485? I am guessing not... I would have to enter the US on an ESTA. 

 

I hope magically the situation in Islamabad improves by the time our I-130 is approved so I can be less nervous about this process. 

Sadly, there are no real short cuts. However, submitting an I-129F as a K3 will sometimes speed up the I-130 approval.  

[JeanneAdil 6,491]

the chances of even getting a tourist visa with a I 130  in the system would be slim 

and if granted,  u would more than likely be turned back by CBP  as your I 130 shows immigrant intent 

 

It is best to have the USC visit as much as possible to strengthen your spouse visa request

 

If this was legal and possible,  we would all have done it, but its not

[pushbrk 12,876]

10 hours ago, Cookie88 said:

I'm outside the US. I was wondering if there was a way to enter the US and be able to switch from having to do the DS260 to doing the i-485? I am guessing not... I would have to enter the US on an ESTA. 

 

I hope magically the situation in Islamabad improves by the time our I-130 is approved so I can be less nervous about this process. 

ESTA does not apply to Pakistanis.  Are you the US Citizen or the Pakistani spouse?  Anyway, it's visa fraud to enter on ESTA or any non-immigrant visa, with the intention to adjust status.

[Cookie88 88]

I am the Pakistani spouse but am a British citizen. So I can apply for ESTA but yes, as you said, it's not legal to apply for the adjustment by travelling there on an ESTA. 

 

Also, I asked a question previously about travelling on the ESTA while the I-130 is pending and I've been told few people are questioned, if at all, and if you are questioned just have documents at hand that show your ties to your resident country to support your return. I will most probably try a trip at some point on the ESTA. My children are little and I would like to ease them into moving to a whole new country by making at least 1-2 visits so they're mentally prepared as to where they're headed to. 

 

Etihad offers clearance in Abu Dhabi and then no checks at the POE in the US after that. Worst comes to worse, if I get turned away, Abu Dhabi is just 3 hours away. I can turn back 😔

 

Interesting what Crazy Cat has said. Will read into that.

 

 

Edited September 27, 2023 by Cookie88
reviewed

[powerpuff 6,697]

31 minutes ago, Cookie88 said:

but am a British citizen.

If I were you, I’d request transfer of the case to UK when it gets to NVC. Then you don’t have to worry about them backlog at Islamabad.

[Cookie88 88]

Powerpuff - would I not have to be living in the UK to be able to request that? It had crossed my mind, but from what I had read online I had the impression I could only request that if I were currently residing in the UK, and that I'd have to remain in the UK until the DS260 process cleared? 

 

It's a little restrictive and complicated for me as my children's biological father is a Pakistani citizen. With our custody and parental agreement I would not be able to relocate to the UK for the duration of the DS260. I only have permission to relocate to the US with them after immigration stuff is finalized and granted. And I know he will not allow us wait out the immigration process anywhere other than Pakistan.   

Edited September 27, 2023 by Cookie88

[powerpuff 6,697]

2 minutes ago, Cookie88 said:

would I not have to be living in the UK to be able to request that?

Usually not when you’re a citizen of the country. I was not living in my home country during the process but requested a transfer with a scan of my passport and it was granted. I have seen similar cases over the years on VJ.

 

4 minutes ago, Cookie88 said:

And I know he will not allow us wait out the immigration process anywhere other than Pakistan.   

Ah, I see, that’s unfortunate!

[Cookie88 88]

If I can request the NVC transfer to the UK and get away with just travelling over there once the interview is granted for a short trip merely to attend the interview - that is very doable on my end. I can take the kids for short trips abroad during the immigration wait.

Edited September 27, 2023 by Cookie88

[powerpuff 6,697]

1 minute ago, Cookie88 said:

If I can request the NVC transfer to the UK and get away with just travelling over there once the interview is granted for a short trip merely to attend the interview - that is very doable on my end. I can take the kids for a short trip, just not months on end. 

I would definitely consider it, it is a possibility and I’ve seen it happen (well it has happened to me personally!). The only concern is if your case is put into Administrative processing after the interview, sometimes it can be lengthy. But no way of knowing, definitely something to think about in order to avoid that hellish wait at Islamabad consulate.

[Cookie88 88]

Would post-interview administrative processing mean I won't have access to our passports until that's cleared? 

 

I'll definitely look into this option and maybe ask on a separate thread for peoples experiences on this. 

 

Everything about the Islamabad embassy seems nightmarish to me.