AOS & I-130

[lkekandi 0]

My husband filed an I-130 for me over 3 months ago while i was still living in the UK, I have subsequently arrived in the US and we decided to apply for an AOs while I'm here. At the time of sending off the AOS we still haven't received a receipt for the original I-130. I need to cancel the I-130 but We haven't got a recept number. Will this affect the AOs that we sent off to Chicago? I dont want us getting into trouble for having 2 I-130's on the system.

Edited January 15, 2008 by lkekandi

[pushbrk 12,824]

My husband filed an I-130 for me over 3 months ago while i was still living in the UK, I have subsequently arrived in the US and we decided to apply for an AOs while I'm here. At the time of sending off the AOS we still haven't received a receipt for the original I-130. I need to cancel the I-130 but We haven't got a recept number. Will this affect the AOs that we sent off to Chicago? I dont want us getting into trouble for having 2 I-130's on the system.

Under what visa did you enter the US?

It sounds like he filed a petition for an immigrant visa and you decided to come on the visa waiver program or other visitor visa and file to adjust status. That's visa fraud.

Edited January 15, 2008 by pushbrk

[JanaknJanet 0]

while applying for visa with I130 you have established that you have intentions to immigrate to USA.. thus .. the use of your visa or tourist status to arrive how you did... basically does not allow you to file for AOS now... you have already proven intentions.. thus = set intentions.. = fraud of applying for AOS while here.

If you apply while here in USA.. you must have arrive here with NO intentions to immigrate at the time. such as those who come to visit.. spur of moment get married.. bla bla bla.. dont know of any way you can prove to them that you did not have any intentions to immigrate when you came to visit your husband when you are in the middle of I130 now... sorry ..

best to talk to possibly a immigration lawyer.. to see how you can correct the situation without facing a 10 yr ban. or such

[YuAndDan 153]

You cannot file to adjust status from a visitors visa in this way, it is clear cut misuse of the visa waiver program. The VWP is not for immigrating to the USA it is only for visiting the USA. What you propose is exactly why it is hard for many to get a visitor's visa while waiting for an immigrant visa petition to work it's way through the system.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

http://www.visajourney.com/forums/index.ph...page=i130guide2

[pushbrk 12,824]

You cannot file to adjust status from a visitors visa in this way, it is clear cut misuse of the visa waiver program. The VWP is not for immigrating to the USA it is only for visiting the USA. What you propose is exactly why it is hard for many to get a visitor's visa while waiting for an immigrant visa petition to work it's way through the system.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

http://www.visajourney.com/forums/index.ph...page=i130guide2

In all candor, you do actually need some advice to go with the wagging fingers because you may well be in deep trouble. If I were you, I would consult a qualified immigration attorney about getting out of this mess. What I think you need to do is immediately withdraw your second I-130 and adjustment of status application. Then make certain you don't overstay your leave to be in the USA. You'll be returning to your home country to wait out the visa process, probably without further visits until you have a spouse visa. It may be more complicated than that though, so do see an attorney in all haste.

[rebeccajo 14]

YuAndDan and Pushbrk...

Have either of you ever heard of a successful stateside adjustment when the intending immigrant had a pending I-129F?

[pushbrk 12,824]

YuAndDan and Pushbrk...

Have either of you ever heard of a successful stateside adjustment when the intending immigrant had a pending I-129F?

I haven't but this is a pending I-130 filed in connection with an immigrant visa. I haven't seen that either. Have you?

[rebeccajo 14]

YuAndDan and Pushbrk...

Have either of you ever heard of a successful stateside adjustment when the intending immigrant had a pending I-129F?

I haven't but this is a pending I-130 filed in connection with an immigrant visa. I haven't seen that either. Have you?

I have seen the first scenario. In that case the applicant (who was stateside) visited a USCIS office prior to filing the AOS, and was told by the field staff to formally abandon the I129F and file the I-485.

[pushbrk 12,824]

YuAndDan and Pushbrk...

Have either of you ever heard of a successful stateside adjustment when the intending immigrant had a pending I-129F?

I haven't but this is a pending I-130 filed in connection with an immigrant visa. I haven't seen that either. Have you?

I have seen the first scenario. In that case the applicant (who was stateside) visited a USCIS office prior to filing the AOS, and was told by the field staff to formally abandon the I129F and file the I-485.

Why?

[rebeccajo 14]

YuAndDan and Pushbrk...

Have either of you ever heard of a successful stateside adjustment when the intending immigrant had a pending I-129F?

I haven't but this is a pending I-130 filed in connection with an immigrant visa. I haven't seen that either. Have you?

I have seen the first scenario. In that case the applicant (who was stateside) visited a USCIS office prior to filing the AOS, and was told by the field staff to formally abandon the I129F and file the I-485.

Why?

Because the petitioner asked.

[pushbrk 12,824]

YuAndDan and Pushbrk...

Have either of you ever heard of a successful stateside adjustment when the intending immigrant had a pending I-129F?

I haven't but this is a pending I-130 filed in connection with an immigrant visa. I haven't seen that either. Have you?

I have seen the first scenario. In that case the applicant (who was stateside) visited a USCIS office prior to filing the AOS, and was told by the field staff to formally abandon the I129F and file the I-485.

Why?

Because the petitioner asked.

On what basis was what question asked on on what basis was the answer given? Without the answer, the information has limited if any value.

Please let's not go back and forth arguing the difference between maybe and probably not. There just isn't enough difference in the two to matter.

Edited January 16, 2008 by pushbrk

[TracyTN 237]

Here we go again.

[Kez/JWolf 6]

So the case where a wife who was waiting for her CR1 interview in Canada and came to visit her husband in the US for 3 weeks before she was due to give birth. went into prem labour and gave birth in the US, her husband spoke to USCIS local office and was told to file for AOS as there was no need for his wife to return to canada and leave her prem baby in the hospital, as the immigration laws allow for a immediate relative to change his/her mind after entry and file for AOS....

Would you class that as visa fraud too?

The law allows married people to visit each other here in the states and it also allows for them to change their mind and file AOS to remain....

Kez

[rustynail74 0]

Well, here is a case of my friend, a bit different but worth mentioning here.

My friend's wife entered US from Canada on a visit visa and her visa expired later. 6 months after expiry of visit visa, my friend (who was a PR back then) filed I-130 for her. They initially planned to wait till the case becomes current and then his wife would go back to Canada and get the rest of the things done there. In 2007, my friend became US citizen and his petition got approved. His wife never left US since then and they talked to a lawyer to see if they can file for I485 so his wife does not have to leave US. Lawyer filed for I485 and things are in process. Lawyer told my firend that US citizen's spouse or parents or children under 18 are always eligible for 'adjustment of status' as long as they have entered the country on a valid visa and has been inspected, even if the visa has expired later and they lost there status.

Take away = I guess, lkekandi does have an option here...

Rest is left for the experts!!

[pushbrk 12,824]

So the case where a wife who was waiting for her CR1 interview in Canada and came to visit her husband in the US for 3 weeks before she was due to give birth. went into prem labour and gave birth in the US, her husband spoke to USCIS local office and was told to file for AOS as there was no need for his wife to return to canada and leave her prem baby in the hospital, as the immigration laws allow for a immediate relative to change his/her mind after entry and file for AOS....

Would you class that as visa fraud too?

The law allows married people to visit each other here in the states and it also allows for them to change their mind and file AOS to remain....

Kez

No, that case would not be visa fraud but there is also a specific hardship justification for the end result. Again, please don't take advice to see an attorney because a case looks like visa fraud to contradict any assertion that it may not be or that some cases aren't. The point is they need specific legal advice to avoid some very serious potential pitfals.

Edited January 16, 2008 by pushbrk