Filed i130 now wondering…

[AJS1808 0]

I am wondering if anyone has any guides or tips or even if it is possible to travel to the US on an ESTA then file for AOC? 

some people tell me it’s fine others say it is immigration fraud

 

I am married to a US citizen, from the UK. 

[powerpuff 6,604]

*** Thread moved form K1 fiancé visa forum to IR1/CR1 spousal visa forum as K1 is not possible for married couples ***
 

Thats correct, traveling to the US on a non-immigrant visa (VWP included) with an intent to adjust status is immigration fraud. Your only option is consular processing. 

[SalishSea 17,745]

58 minutes ago, AJS1808 said:

I am wondering if anyone has any guides or tips or even if it is possible to travel to the US on an ESTA then file for AOC? 

some people tell me it’s fine others say it is immigration fraud

 

I am married to a US citizen, from the UK. 

No, it's fraud.  Even traveling on the ESTA could lead you to being summarily sent home.

 

Do not try to circumnavigate the queue.

[appleblossom 2,329]

Not sure who’s telling you it’s fine but don’t listen to them! As above, it’s immigration fraud. 

[AJS1808 0]

…

15 hours ago, appleblossom said:

Not sure who’s telling you it’s fine but don’t listen to them! As above, it’s immigration fraud. 

 

17 hours ago, SalishSea said:

No, it's fraud.  Even traveling on the ESTA could lead you to being summarily sent home.

 

Do not try to circumnavigate the queue.

 

18 hours ago, powerpuff said:

*** Thread moved form K1 fiancé visa forum to IR1/CR1 spousal visa forum as K1 is not possible for married couples ***
 

Thats correct, traveling to the US on a non-immigrant visa (VWP included) with an intent to adjust status is immigration fraud. Your only option is consular processing. 

 Even if married to a USC?

Edited June 4 by AJS1808

[powerpuff 6,604]

1 minute ago, AJS1808 said:

…

 

 

 Even if married to a USC?

Yes. 

[AJS1808 0]

1 minute ago, powerpuff said:

Yes. 

There is so much conflicting information on this, I’ll just go speak directly with ucsis or an attorney. Thanks 

[powerpuff 6,604]

Just now, AJS1808 said:

There is so much conflicting information on this, I’ll just go speak directly with ucsis or an attorney. Thanks 

I would advise against speaking to USCIS. They do not always provide accurate information and they do not provide immigration advice. They’re just representatives hired for customer service.

 

If an attorney says it’s ok, ask them to put into writing. I doubt they’ll agree.

[appleblossom 2,329]

3 minutes ago, AJS1808 said:

There is so much conflicting information on this, I’ll just go speak directly with ucsis or an attorney. Thanks 

 

Where are you reading that it's ok?

[AJS1808 0]

3 minutes ago, appleblossom said:

 

Where are you reading that it's ok?

Mainly from this article 

https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-for-family-based-immigrant-visas

 

I guess this is down to interpretation as well

 

[powerpuff 6,604]

32 minutes ago, AJS1808 said:

Mainly from this article 

https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-for-family-based-immigrant-visas

 

I guess this is down to interpretation as well

 

But that’s completely unrelated? This is regarding form I-824 that many have to file after not filling out the section correctly on whether the beneficiary is in the US adjusting status or will be interviewing abroad. We see this error all the time here with the section left either completely blank or filling both AOS and the consulate. USCIS retains the petition and asks the petitioner to file and pay for I-824 in order to move it along. It’s good news for many who don’t fill it out correctly but I fail to see how this is related or somehow green lighting that a person can come to the US on a non-immigrant visa with an intent to adjust status. 

Edited June 4 by powerpuff
Typos

[appleblossom 2,329]

10 minutes ago, AJS1808 said:

Mainly from this article 

https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-for-family-based-immigrant-visas

 

I guess this is down to interpretation as well

 

 

I'm not seeing anything in that that says it's ok in your situation, that page isn't relevant to you.

 

To be clear, Adjustment of Status is an option for some people i.e. if you were already in the US on a work visa and then wanted to get married to a US citizen and apply for a green card, that would be fine. But that isn't your situation. 

 

But do check it with immigration lawyers, and as above, if any of them say it would be ok, ask them to put it in writing. They won't, as they'd be risking their licence to practice law by doing so. 

[SalishSea 17,745]

1 hour ago, AJS1808 said:

…

 

 

 Even if married to a USC?

Yes.   If it was okay, why would there even be an I130 process? 
 

The issue here is intent.   Someone who visits with NO intention of staying and is ALREADY in the United States is permitted to have a change in plans and adjust status.

 

This is not your situation!  You have clear immigrant intent,  as evidenced by the fact that you have a pending petition.   
 

Do you think that if you show up at the border and tell CBP that you plan to stay and adjust status, they won’t send you back on the next flight?

 

You are outside of the U.S. at the moment.   If you come here to adjust status, that is 100% FRAUD.