jeheardy8

Hi all...

I am a UK citizen, my wife is a USC - she filed a petition for me in March 2013 and just a couple of weeks ago our petition was approved and we received notification that the case is now at NVC - I believe we are just waiting to hear from NVC now regarding instructions for the next steps in this process.

That is a little background so that you know our situation.

This is what happened at border control of Newark Liberty International Airport 72 hours ago...

The officer at customs took me to the 'second' room , for further interviews.

After 45 minutes of waiting, I was called up and he asked, "Jack, what is the real reason why you are here in the US?"

I told him the real reason - to be with my wife.

He asked why I hadn't filed any visa docs if I have married a USC, and I showed the officer the approval notice of our I-130 petition and informed him that just 2 weeks ago we received notice that the NVC had received our case.

This was of no significance to him.

Being as I was travelling on the ESTA programme, he then stated that I was 'abusing the visa waiver' because I had been in the USA more than 6 months of the past 12 months. No arguments. I did not contest that. I am simply wanting to be with my wife. Note that I have never broken the 90 days period.

I answered questions regarding my income and support back home in England. No problems.

He told me that because I am essentially 'living' in the USA that I should be 'bounced' right back to UK until my Visa has processed completely.

Anyway, end of the story is this, after a further 30mins of waiting on their decision I was given two choices.

1. File for an Adjustment of Status whilst here filing form I-485 followed by I-131.

2. Go back to England on the next flight and remain there until the Visa has 100% processed.

I did not argue and obviously elected for the first choice.

However, here is my main QUESTION to the forum-goers on here:

As far as I am aware, I have followed the I-130 process as necessary so far - so the Adjustment of Status is not needed being as my wife filed the petition whilst I was back in England.

Adjustment of Status I-485 is only required if you are to remain in the USA during the Visa process, correct?

So what do I do now?

Do I wait to hear from NVC (they received our case 2 or 3 weeks ago) , or do I file the I-485 followed by the I-131? He said that this will give me a document to allow me to travel betweens UK and USA throughout the process.

The last thing I want to do is delay the entire process by filing something that is not required.

Does anybody have any opinions, thoughts or ideas on this whole matter?

Sorry for the longs story - I just thought it would be an interesting experience to share with people on this forum who are perhaps in a similar process.

Cheers.

Noorah101

Correct.

Well, if you intend to remain in the USA and become a US PR without returning to the UK to finish consular processing, yes.

Nothing. The POE officer was being a jerk and was completely wrong. Just enjoy your VWP stay and then return to the UK to finish the process as you were going to do anyway.

Do NOT file for Adjustment of Status (form I-485). He was WRONG on that. He gave you terrible advice.

Yep. Ignore whatever you were told at the POE. Just enjoy this visit, let NVC do its thing, and return to the UK as you were going to do, to finish the Immigrant Visa process.

Rene

Rete

Since you are here in the US, yes, you can do what he suggests as you were not intending to emigrate at this time.

However, since your I-130 is at least 1/3 of the way through adjudication, I would remain here and visit with your wife, return home as intended and complete the immediate relative visa process to its end while residing in the UK.

There are several plusses to doing it this way:

1. You enter the US as a permanent resident (either conditional CR1 or IR1 depending on length of marriage);

2. That status confers the right to work immediately;

3. You will have no further dealing with USCIS unless your marriage is less than 2 years in length and you are CR1 status and need to remove conditions 90 days prior to the expiration of your green card;

4. The time period for the qualification to apply for naturalization starts from the day you enter the US as you don't have to wait for adjustment of status;

Choice is yours but I would vote for the IRV

hungryhorace

The CBP officer was wrong in what he told you. You cannot enter the US on the VWP with the intention of adjusting your status to stay. Were you allowed to enter on the visa waiver in the end? It's unclear if you were or not, or whether you were instead paroled?

Either way, I wouldn't be making any further visits to the US until your immigrant visa is approved. Ask your wife to come to Britain next time. That's what we did until my visa was approved.

jeheardy8

Thank you for the swift responses - all a great help.

And yes - I was allowed to enter the US after 4 hours. I landed at 7pm and left the airport at 11pm. It was quite an un-nerving experience, particularly since I have carried out so much due diligence to ensure this process is done correctly!

Great.. So I will wait on hearing the next instruction from NVC. I am not going to file for AOS here this time as that was never part of my plan. I knew that the officer was providing inaccurate info, but I didn't want to create confrontation or question him as I knew that wouldn't help me in the situation - I was just a 'YES'!

S Folinsky

Congratulations on a successful outcome at EWR.

Noorah101

I have to commend you on keeping a cool level head through that! You did good!!

Rene

jeheardy8

Dale Carnegie - How To Win Friends and Influence People ... that book literally got me through the whole process.

Thank you!

hungryhorace

I know in the UK, every entry refusal has to be approved by the Chief Immigration Officer, who is usually pretty well up on the law. Unlike those who work for him.

What's the situation like here in America? Does that CBP officer have the sole discretion to refuse entry?

Noorah101

Yes.

Rene

hungryhorace

I know it's none of my business, but why are you staying so long in America, given your current intent to immigrate? Would your wife be able to come visit you in Britain until you have your IR/CR-1 visa? I think that's going to save you a lot of hassle next time you present yourself at the US POE.

Noorah101

My guess is that this will be his last VWP visit, anyway, as he can stay for up to 90 days, and it won't even take that long to get through NVC. Most likely, he'll have to go back to the UK to finish the process even before this VWP visit is up...or else delay the process until this VWP visit is up.

Rene

sir_eccles

Just to clarify, you got the normal VWP 90 day stamp in your passport no other annotations?

Well handled I think.

LOL

jeheardy8

Correct, the normal stamp - 90 days from date of entry.

jeheardy8

It's ok - we are all on here to share.

I stay in America more than my wife comes to UK as she is employed here. I have a business in UK that allows my schedule to be very flexible - and it still produces income whilst I am in USA visiting my wife.