Help Spouse Entered under Visa Waiver Just Filed I-130

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Sep 21st 2006, 6:38 am

#16

Noorah101

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Re: Help Spouse Entered under Visa Waiver Just Filed I-130

Quote:

Originally Posted by Rob

Ray,
Thank you for your response. Are you saying that if I refile the I-130
with the I-485 she can stay legally past her deadline without fear of
retribution and will be free to travel home AND Back before her I-130
is completed and approved?

Thanks
Rob

If you file the I-130, I-485, and I-131 together, she will be able to stay here legally while the paperwork processes. It takes about 2 or 3 months to get the AP in the mail after filing. Whether she is able to use it or not, would depend on how long her overstay is.

When is the wedding back home?

Rene

Sep 21st 2006, 8:51 am

#17

meauxna

Joined: Apr 2002

Posts: 35,082

Re: Help Spouse Entered under Visa Waiver Just Filed I-130

Quote:

Originally Posted by Rob

Yes, we did think of this as well. On the Consulates website for the
US in Sydney it states that the Sponsor must be residing in Australia
at the time of the lodging. Do you know what they do to prove this (as
I have not problems with travelling there for a couple of days to do it
if possible).

Thanks in advance.

There is *some* outdated info there, but I can assure you that there are several people per month posting their stories of going there, USC is not resident, couple flies home together with an IV.

http://sydney.usconsulate.gov/consular/iv.html
To learn how to file a petition with the U.S. Consulate General in Melbourne, Perth or Sydney,
please download these instructions.

http://sydney.usconsulate.gov/consul...structions.pdf