ChDaun331

Hi all,

Please repost this if in wrong place.

Can I ask for some advice please on Adjustment of Status in the USA. I am a UK citizen married to a USA citizen and we are currently 6 months into waiting for our CR1 Petition outcome.

We are getting impatient and the wait is proving very hard. We have looked into alternative options to enable us to be together and have read about the AoS option for immediate relatives / Spouses.

How is this possible, and is there anything to be aware of? I am aware as the beneficiary I would not be able to work until after a 90 day period and I have been given a list of forms to file along with the notification reciept I797 to begin this process but I have also been informed this could be looked at as fraud?

Any advice on this would be great as I would like to go to California and adjust my Status from the Esta (VWP).

Dan.

az2014

It is illegal to enter the US on the VWP with the intent to adjust status.

You are doing the correct thing by going via CR1 so just wait.

You can visit on the VWP while you are waiting.

Im sure you can handle it.

tom169

You'll also be landlocked and unable to work for some time (forget 90 days... More like 5 months). The waiting sucks, but it'll be done eventually.

Rete

I've asked that this be directed to the marriage-based visa section.

You are living in the UK and your spouse in the US. Your spouse has filed the I-130 for your eventual immediate relative visa to be obtained through the US Embassy in the UK. Is this correct?

It is possible because for 99% of the foreign spouses they were already living in the US under a different visa that allowed them to marry and file for adjustment of status. You do not have that ability.

I'm now confused. Please advise whether you are in the process of doing the CR-1 visa or have you come to the US and are going to file the I-130 (again, which you can't btw), the I-485, I-131 and I-765 or is this just your dream scenario?

Yes, it would be fraudulent as you would have entered the US with the sole purpose of remaining to adjust status to PR. You have exhibited this by already having an I-130 in progress.

BTW who has informed you? A competent, well respected immigration attorney? The USCIS? A member of another visa forum? A congressperson?

My advice is to be an adult and continue the process that you and your spouse have started 6 months ago. You went into this with your eyes wide open. We can't always have what we want when we want it. You are 1/2 way through the process. Why ***** it up now.

Twinkle0927

If you're 6 months into the petition then the end is in sight. Why throw away that money, commit fraud, leave yourself unable to work for many months (think what that means not just in terms of loss of income but getting back into work after being out of the game for months), delay citizenship (if that's your aim) and add more fees to the process just to take off a few months at most?

Yes the wait is awful. But we all survived. It doesn't kill you. No one has it any easier than anyone else in this process.

StuBear65

Once your application gets to NVC the process speeds up considerably.

Just hang in there, it's not long now.

Keoman

Yes it’s frustrating and causes stress, but you should be getting NOA2 soon now, then after a bit of a wait to get case number from NVC, things move along nicely. Follow the advice already given and just wait it out, be worth it in the end!

civilservant

Many of us on BE have been in your situation, but we did the right thing - don't do what you are suggesting. You would be risking a potential permanent ban from the US.

Patience is a virtue.

ChDaun331

StuBear thanks for not being patronizing much appreciated. Individual unaddressed personal circumstances in a public forum should always be taken into account before talking down and patronising someone asking for advice.

BenK91

I don't see anything patronizing from a single person that's commented on this thread? You've been given sound advice by people that have been through the journey, myself included.

Anyone in any type of visa process surely knew before submitting that it wasn't a two minute job?

I understand the frustration, it sucked being apart from my (now) wife. However we now look back on it and laugh about it.

tom169

Oh please... Go cry someplace else. No one has patronised you.

If you want private advice go pay an immigration attorney. Everyone here is a volunteer and majority of us have migrated ourselves and the rest have helped a family member.

scottyvisa

You're filling in for both Ian and Pulaski at the moment and doing a great job!