Applying for adjustment of status while visiting hubby in the States.

[Gia2577 12]

Hi,

I'm gonna post this in a few threads as I'm not sure what to think and welcome any knowledge or advice on this as I was taken aback when I heard this today at our info pass appt.

So I'm Australian and met my husband who is American in Dubai we had both been working and living there a few years. We decided to live in the US as he wanted to return and in January got married in Colorado while on holidays from work in dubai. In Feb we filed the i-130 and in mar the i-129f which we thought would help and it seemed from a lot of research that that was the way to go about things. We and heard nothing until 2 weeks ago when we got a letter saying its been transferred to nebraska.

The plan was to move to New York in July which we did, thinking that by now I would have had everything done and unprocessed and already be looking for work. How wrong were we. We did move everything from Dubai to NY in July with our ignorant thinking this whole green card thing is a breeze not realising the lengthy delay that was about to hit us, I am Australian so have been here on Visa Waiver program and ESTA (90 days) but now have to leave in 2 weeks when it is up. Disappointed it has taken so long we decided to schedule an INFOpass appt and went today here in NYC to find out what the hold up is hoping to get some insight. We came back with a whole bunch of other info that we never expected to hear.

First our immigration lady could not understand why we married here and left back to Dubai and then applied for both the i-130 and k3 (i-129f) she thinks the k3 is pointless. She said it would have been a whole lot easier if I just came here with my now husband and got married and applied for the i-130 together with the i-485 (adjustment of status) in one hit and that if we had done that I would have been processed and legal by now. In fact she said we should have waited till we moved in July and done this all as before July we were still based in Dubai. She did say it was too late to do this now as we have already filed the i-130 and it must be done concurrently. We felt very disappointed that this was even an option and we had no idea. She did explain that coming from Australia my options opened up as opposed to people coming from other countries.

SO what she suggested when my husband asked about me being interviewed here rather than sydney if I was visiting at the time if we could do it here. She actually suggested that since we have already filed the i-130 and have to wait for that approval that once we receive the approval and if I come back to the US (which is what i plan to do after I leave in a couple weeks is return a few weeks later) and am in the US when we receive that approval that I can apply for an adjustment of status (i-485) on the spot before it goes to the NVC and get my employment authorisation and all that and basically just wait out the rest of the process legally and be able to work and get a social security number and all that.

I was shocked to say the least as I did not realise we could do that, i and to keep asking her questions and have her repeat what she was telling me as I was preparing to go back to australia next month and wait out a 6 month separation (because of the delays) from my husband. What I don't understand is if this is legal to do why isn't everyone doing this? Has anyone done this or heard this, as ringing the call centre you only get useless information and not anything like this.

I want to find out if this is the case before i leave, because we had decided if we had to have a big break from each other that maybe I could got o germany and visit my cousin there for a couple weeks and then come back in on visa waiver and stay a couple more months before going to Australia and waiting it out. Otherwise if this is an option I might just go to Australia now and come back to him as soon as its approved as I think its only a couple months away that approval letter. I hope this makes sense.

[NikLR 13,227]

Good luck trying to get into the country by telling the CBP that you're planning on staying because you're married to an American. They'll tell you to get back on a plane. What the lady told you to do is visa fraud fyi (but she's right about the K3 being pointless.)

You have to wait.... the most that can happen is your husband can contact his congressman about the length of time for your I-130 approval.

I'm sorry there isn't a better or faster way.

[JWD531 10]

Hi,

I'm gonna post this in a few threads as I'm not sure what to think and welcome any knowledge or advice on this as I was taken aback when I heard this today at our info pass appt. From a lot of advice on this thread I went a scheduled an info pass and this is what I was told...

So I'm Australian and met my husband who is American in Dubai we had both been working and living there a few years. We decided to live in the US as he wanted to return and in January got married in Colorado while on holidays from work in dubai. In Feb we filed the i-130 and in mar the i-129f which we thought would help and it seemed from a lot of research that that was the way to go about things. We and heard nothing until 2 weeks ago when we got a letter saying its been transferred to nebraska.

The plan was to move to New York in July which we did, thinking that by now I would have had everything done and unprocessed and already be looking for work. How wrong were we. We did move everything from Dubai to NY in July with our ignorant thinking this whole green card thing is a breeze not realising the lengthy delay that was about to hit us, I am Australian so have been here on Visa Waiver program and ESTA (90 days) but now have to leave in 2 weeks when it is up. Disappointed it has taken so long we decided to schedule an INFOpass appt and went today here in NYC to find out what the hold up is hoping to get some insight. We came back with a whole bunch of other info that we never expected to hear.

First our immigration lady could not understand why we married here and left back to Dubai and then applied for both the i-130 and k3 (i-129f) she thinks the k3 is pointless. She said it would have been a whole lot easier if I just came here with my now husband and got married and applied for the i-130 together with the i-485 (adjustment of status) in one hit and that if we had done that I would have been processed and legal by now. In fact she said we should have waited till we moved in July and done this all as before July we were still based in Dubai. She did say it was too late to do this now as we have already filed the i-130 and it must be done concurrently. We felt very disappointed that this was even an option and we had no idea. She did explain that coming from Australia my options opened up as opposed to people coming from other countries.

SO what she suggested when my husband asked about me being interviewed here rather than sydney if I was visiting at the time if we could do it here. She actually suggested that since we have already filed the i-130 and have to wait for that approval that once we receive the approval and if I come back to the US (which is what i plan to do after I leave in a couple weeks is return a few weeks later) and am in the US when we receive that approval that I can apply for an adjustment of status (i-485) on the spot before it goes to the NVC and get my employment authorisation and all that and basically just wait out the rest of the process legally and be able to work and get a social security number and all that.

I was shocked to say the least as I did not realise we could do that, i and to keep asking her questions and have her repeat what she was telling me as I was preparing to go back to australia next month and wait out a 6 month separation (because of the delays) from my husband. What I don't understand is if this is legal to do why isn't everyone doing this? Has anyone done this or heard this, as ringing the call centre you only get useless information and not anything like this.

I want to find out if this is the case before i leave, because we had decided if we had to have a big break from each other that maybe I could got o germany and visit my cousin there for a couple weeks and then come back in on visa waiver and stay a couple more months before going to Australia and waiting it out. Otherwise if this is an option I might just go to Australia now and come back to him as soon as its approved as I think its only a couple months away that approval letter. I hope this makes sense.

Must be nice. Many of us are marrying spouses in countries not on the "Visa Waiver Program" list. So most of us have to wait this out while apart, and didn't even look into anything like that since there's zero chance of that for us. I was told even applying for a tourist visa while a spouse visa is in the system, that both would probably be disapproved just for having two visas in the system.

[Karmalicious 60]

Hi,

I'm gonna post this in a few threads as I'm not sure what to think and welcome any knowledge or advice on this as I was taken aback when I heard this today at our info pass appt. From a lot of advice on this thread I went a scheduled an info pass and this is what I was told...

So I'm Australian and met my husband who is American in Dubai we had both been working and living there a few years. We decided to live in the US as he wanted to return and in January got married in Colorado while on holidays from work in dubai. In Feb we filed the i-130 and in mar the i-129f which we thought would help and it seemed from a lot of research that that was the way to go about things. We and heard nothing until 2 weeks ago when we got a letter saying its been transferred to nebraska.

The plan was to move to New York in July which we did, thinking that by now I would have had everything done and unprocessed and already be looking for work. How wrong were we. We did move everything from Dubai to NY in July with our ignorant thinking this whole green card thing is a breeze not realising the lengthy delay that was about to hit us, I am Australian so have been here on Visa Waiver program and ESTA (90 days) but now have to leave in 2 weeks when it is up. Disappointed it has taken so long we decided to schedule an INFOpass appt and went today here in NYC to find out what the hold up is hoping to get some insight. We came back with a whole bunch of other info that we never expected to hear.

First our immigration lady could not understand why we married here and left back to Dubai and then applied for both the i-130 and k3 (i-129f) she thinks the k3 is pointless. She said it would have been a whole lot easier if I just came here with my now husband and got married and applied for the i-130 together with the i-485 (adjustment of status) in one hit and that if we had done that I would have been processed and legal by now. In fact she said we should have waited till we moved in July and done this all as before July we were still based in Dubai. She did say it was too late to do this now as we have already filed the i-130 and it must be done concurrently. We felt very disappointed that this was even an option and we had no idea. She did explain that coming from Australia my options opened up as opposed to people coming from other countries.

SO what she suggested when my husband asked about me being interviewed here rather than sydney if I was visiting at the time if we could do it here. She actually suggested that since we have already filed the i-130 and have to wait for that approval that once we receive the approval and if I come back to the US (which is what i plan to do after I leave in a couple weeks is return a few weeks later) and am in the US when we receive that approval that I can apply for an adjustment of status (i-485) on the spot before it goes to the NVC and get my employment authorisation and all that and basically just wait out the rest of the process legally and be able to work and get a social security number and all that.

I was shocked to say the least as I did not realise we could do that, i and to keep asking her questions and have her repeat what she was telling me as I was preparing to go back to australia next month and wait out a 6 month separation (because of the delays) from my husband. What I don't understand is if this is legal to do why isn't everyone doing this? Has anyone done this or heard this, as ringing the call centre you only get useless information and not anything like this.

I want to find out if this is the case before i leave, because we had decided if we had to have a big break from each other that maybe I could got o germany and visit my cousin there for a couple weeks and then come back in on visa waiver and stay a couple more months before going to Australia and waiting it out. Otherwise if this is an option I might just go to Australia now and come back to him as soon as its approved as I think its only a couple months away that approval letter. I hope this makes sense.[/

I thought it was illegal to come to the US on a nonimmigrant visa with the intent to immigrate! And someone from USCIS told you that you should have done this? Wow, I too am very confused and looking forward to the comments of others.

Edited November 13, 2013 by ShamoLisa

[Gia2577 12]

Good luck trying to get into the country by telling the CBP that you're planning on staying because you're married to an American. They'll tell you to get back on a plane. What the lady told you to do is visa fraud fyi (but she's right about the K3 being pointless.)

You have to wait.... the most that can happen is your husband can contact his congressman about the length of time for your I-130 approval.

I'm sorry there isn't a better or faster way.

Yeah thats what I find weird about this whole advice thing. The thing is why would she even suggest that? Especially seeing she works at the department of immigration? She didn't say it in a sneaky weird way she said it matter of factly and when I asked questions asking her to explain in layman terms she made out like it was no big deal. Just a 'if you're in the US when your husband receives the approval letter, you can apply for adjust of status to stay permanently' she even sent me downstairs to get the pack which is the i-485 fromt he front office and we asked them for it with that intent explaining why we need the pack and he said ' yep sure this is what you need'…. I think from what i've researched its fraud if you come in the country with one type of visa and marry someone straight after you get here and then apply for an adjustment of status.

She said that we have been married a year and being Australian it was not a big deal… so i wanted to check this info out. I think i may contact an immigration lawyer and ask their advice. I have looked up infer for adjustment of status also and basically it says that if you enter the US legally (such as an australian on a visa waiver) and have not overstayed that you qualify for an adjustment of status..

She also only suggested it when my husband asked if I HAD to do my interview in Sydney, if I could get it changed to do ti here..thats when she suggested the adjustment of status..

[Gia2577 12]

Must be nice. Many of us are marrying spouses in countries not on the "Visa Waiver Program" list. So most of us have to wait this out while apart, and didn't even look into anything like that since there's zero chance of that for us. I was told even applying for a tourist visa while a spouse visa is in the system, that both would probably be disapproved just for having two visas in the system.

well this is just it, I didn't think it mattered really what country you came from as rules are rules right? Visa waiver is just our type of visa I'm pretty sure she just meant any kind of visa..i don't know..im worried its not good information as I don't want to screw things up for us following this advice..

me too Shamo Lisa Im curious as to what people say which is why i thought its best to come on here and ask about it. but yeah she said it very matter of fact and I was shocked because I didn't even ever factor that as an option thinking that rules are rules..

[kmg617 26]

This is strange. What visa would you be entering the US on after your I-130 is approved? A visitors visa? It sounds like immigration fraud if you enter the US with the intent to stay with a non-immigrant visa. I wonder if other people have some insight with this. I would have gone this route if possible! But like you said, everyone would do that if this was the way to do it.

I think a lot of us in this process were naive when we got married. I just thought "hey we will get married and then he will move back with me to the US!" Boy were we in for a wake up call when I first joined this website!

Good luck!

[Gia2577 12]

This is strange. What visa would you be entering the US on after your I-130 is approved? A visitors visa? It sounds like immigration fraud if you enter the US with the intent to stay with a non-immigrant visa. I wonder if other people have some insight with this. I would have gone this route if possible! But like you said, everyone would do that if this was the way to do it.

I think a lot of us in this process were naive when we got married. I just thought "hey we will get married and then he will move back with me to the US!" Boy were we in for a wake up call when I first joined this website!

Good luck!

Ok so I'm not crazy in thinking this was weird.. I was even berating myself for being so silly.. and it wasn't just this that she said, she said that when we got married in colorado we should have filed i-130 and i-485 together and I could have stayed that way?! I was so annoyed with myself and said to her that if I and known I would have done that and that when rseraching it on the uscis website I never knew this was an option and she said 'yeah you won't really just find that information but you should have no problem doing it'…. She said that if I enter the US legally on a visa in my case the Visa waiver and have not overstayed the its fine...

Yes I was totally naive thinking this process would be nice and quick..it is in Australia!

[Ryan H 3,812]

***Duplicate postings of the first post in other threads as well as duplicate threads have been removed. Do not start multiple threads on the same topic and do not post this in other members' threads. Replies to this post in other threads have been moved to this thread.***

Edited November 13, 2013 by Ryan H

[JWD531 10]

well this is just it, I didn't think it mattered really what country you came from as rules are rules right? Visa waiver is just our type of visa I'm pretty sure she just meant any kind of visa..i don't know..im worried its not good information as I don't want to screw things up for us following this advice..

me too Shamo Lisa Im curious as to what people say which is why i thought its best to come on here and ask about it. but yeah she said it very matter of fact and I was shocked because I didn't even ever factor that as an option thinking that rules are rules..

There is a visa waiver program...

http://travel.state.gov/visa/temp/without/without_1990.html

But the countries applicable are limited.

[Gia2577 12]

***Duplicate postings of the first post in other threads as well as duplicate threads have been removed. Do not start multiple threads on the same topic and do not post this in other members' threads. Replies to this post in other threads have been moved to this thread.***

ok thanks didn't realise that was a problem.. in regards to other threads I am posting this as I have been an active participant in those threads and as reporting on the results from my info pass appointment to share with them..

[Gia2577 12]

There is a visa waiver program...

http://travel.state.gov/visa/temp/without/without_1990.html

But the countries applicable are limited.

yeah i know, what she said though was that whatever visa you came in on, not necessarily visa waiver. I think I might just ask an immigration lawyer about all this to be sure what we were told today..

Edited November 13, 2013 by Gia2577

[NikLR 13,227]

Why not call the CBP and ask them if they'd even let you in the country vs a lawyer? The fraud is the lie to get into the country, not filing the AOS.

[Harpa Timsah 13,258]

Whoever you talked to was full of it, on multiple accounts.

1. it is visa fraud to enter the US with immigrant intent.

2. I-130/I-485 does not need to be file concurrently.

3. You can't come with an approved I-130 and file I-485 "on the spot."

OP: You can file I-485 now and stay in the country, if you want, if you did not enter with the intent to immigrate. You don't need to wait for I-130 approval; you can just send a copy of your I-130 NOA1.

[Gia2577 12]

Why not call the CBP and ask them if they'd even let you in the country vs a lawyer? The fraud is the lie to get into the country, not filing the AOS.

Ok NLR I get your point, I feel like you're attacking me, I am just relaying to people in the forum what I was told today in the info pass appointment, as I said I was not told this is a sneaky hush hush way it was said very matter of fact by a couple people there. I guess because my intent in being here is not bc I intend to stay its because I'm visiting my husband and she knows that. We worked for airlines int he past and get cheap tickets and so I'm here until I have to leave again which is in a couple weeks in which I will be going for a job in dubai for a couple weeks (I am a stylist in dubai) and then I will be back where to spend christmas and new years with my husband before going back to Oz to wait it out. I think perhaps she may have mentioned this as an option because I am currently here with my husband in the US and he asked her if I had to do my interview in sydney when the time came or if I could transfer to have it done here, thats when she came through with this information.

I don't think she is trying to commit fraud (I don't see any reason for her to advise this seeing as she is an immigration officer) and I am certainly not, i just wanted to hear if anyone else had heard this 'advice' or it being done before. Thanks though for the reply I appreciate your concern.