Wibo

Hey everyone.

I entered the US in October as a tourist and I married my American sweetheart (American citizen) in December. We want to stay together so I've been trying to get my head around the process to get a K-3 Visa for some time now and i think I'm getting mixed up. Reading the uscis website i thought the time chart was like this.

1. file I-130
2. Wait for approval of I-130
3. Once we the petition gets approved file for the change of status, I-485 including all the necessary affidavits of support (I-864 and in our case I-864A)
4. Wait for the outcome

Now research on other website mentions the I-129F form which seems to be primarily for fiancees and kids. Where do i place this form in the time chart?

Another option seems to be tot get a Conditional Residency Visa instead of a K-3. What are the benefits of this. A CR does not require an I-129F form? What is the fastest way to get a green card and a work permit?
Is the time chart the same? And can we do it in our situation?

finally You can file the I-130 and the I-485 at the same time? Does this reduce processing time?

I'd love to be enlightened about any of this, thanks for your help,

W

Noorah101

Hi W,

If you did not intend to remain in the USA at the time you entered as a tourist, get yourself to a one-time consultation with an immigration attorney pronto. There is a chance you may be able to adjust your status in the USA. This of course assumes that you did not intend to remain here when you entered, and that you do not need to go back home for anything for the next several months.

If you do need to go back home, do not overstay your visitor time. If this is the case, you should go directly for the CR-1 Immigrant Visa (not the K-3). The CR-1 Immigrant Visa takes the same amount of time as a K-3, but you get the benefit of becoming a US PR upon entry using that visa. Total processing time from filing I-130 to CR-1 in hand is about 8 to 10 months.

Best Wishes,
Rene

ian-mstm

If you are *currently* in the US *and* are not planning to leave, you do *not* need a visa. Since you're already married, go ahead and file the I-130, I-485, G-325A, I-131, I-864, and I-765 now... and provide supporting evidence. It'll cost a bundle, but I think it's worth the investment.

Ian

Wibo

Thanks for the replies,
I seem to have two options.
Now since i want to stay with my girlfriend i'd like to go for the adjustment of status one BUT I am only legal in the states till the 29th of december whem my visa waiver runs out. If i file for adjustement of status before that, am i in violation of the visa waiver program and illegally in the states or am i legal as long as my visa-case is in process?

Thanks again,

W

meauxna

Once your AOS/Adjustment of Status application is received, you are allowed to stay until a decision is made, regardless of the date on your I-94W.
Is she your girlfriend or did you already get married?

Noorah101

If you can manage to file your adjustment of status (AOS) package BEFORE your VWP expires, you will be in better shape than if you file after that.

Be aware there are some risks involved in adjusting status from the VWP this way. You really should get an immigration attorney's opinion. Make an appointment for a consultation ASAP.

Rene

Wibo

We are already married. So if i file the AOS in time i won`t be illegal. That's a big relief.
I`ll call around tomorrow. See if i can reach the USCIS and an immigration lawyer for extra info.

Thanks for the quick replies.

W

Noorah101

Don't bother calling USCIS. Their 800 number is a huge misinformation line. Just get in touch with a lawyer, he will have all your answers.

Rene

meauxna

There is NO reason to call USCIS.. what do you want to know?

The chance of misinformation from their phone number, or even office, is very high.

ian-mstm

Please... don't confuse the word "illegal" with the phrase "out of status". The first presumes an unlawful entry into the US, the second doesn't. You are *not* illegal, since you entered the US legally. If you file the AOS package and it is received prior to the expiry of the VW, you will not be "out of status" either!

That said, there are several issues associated with adjusting your status after having entered on the VWP. The most important, I suppose, is that if your adjustment is denied for *any* reason whatsoever, there is absolutely *no* appeal process. You signed away your rights to appeal when you signed the VW form. Further, if your adjustment is denied, *all* the time from the expiry of your I-94 to that moment in time is counted as "overstay" - and, depending on how long the process took, it could result in a 3-year or 10-year ban from the US - and being married to a US citizen will not help you at all.

So... something to consider/discuss with your attorney. And please, do *not* tell us what your attorney said. Such a conversation, publicly posted, has the tendency to confuse those whose situation may not be exactly what yours is... and someone taking that conversation at face value might soon find him/herself in an unfortunate situation.

Ian

Folinskyinla

Hi:

This is easy. If you overstay the visa waiver, you are an "overstay" and ICE can arrest you and deport you without any further hearing. If you have filed an I-130/485 packet with CIS, and the application is subsequently approved, THEN, you will have lawful status and ICE will no longer be able to summarily remove you.

Please note that ICE and CIS are separate agencies.

You may want to read Joseph Heller's fine novel Catch-22 to get the flavor of this.

Folinskyinla

Hi Ian:

The term "illegal" is meaningless. Also, he is without recourse if ICE should chose to enforce his departure while the I-130/485 is pending, OP will be then deemed to have abandoned his adjustment due to his departure.

However, if he should already have the I-512 advance parole in hand when his departure is enforced, it will be a curious question of what happens when he uses the advance parole -- it would seem to m that, in that case, his departure by removal will not be deemed an abandonment -- but he will need an I-212 to be filed in order to allow the adjustment.

This is an interesting question for a Law School Immigration professor to give his class.

Wibo

Well, everthing just got a little more complicated. I probably will not be able to file my I-130/I-485 pakage before my visa waiver runs out. The reason is the medical exam which will take at least two weeks. The red tape on this thing is unbelievable. Not sure what to do now. Does it make a huge difference, filing after you visa waiver deadline?

struggling on,

W

Noorah101

It might, or it might not. There have recently been a couple of AOS from VWP applications denied because they were filed after the 90-day VWP expired. But that doesn't seem to be a hard and fast rule, just a chance you either take or don't take. I don't recall the specific posts, but maybe if you search back a month or so, you'll find which ones we are referring to...they posted on this forum.

If you REALLY want to stay on the up and up, you'll simply file the I-130 now, then return to your home country before your 90 day VWP expires. Then you'll follow the route towards an Immigrant Visa. That way you aren't risking anything by staying here beyond your allotted time.

Rene

Noorah101

Or, you can file the AOS package without the medical. You'll receive an RFE for the medical, and can return it at that time. But your application isn't considered "properly filed" until USCIS has the complete package (after you return the medical with the RFE). So you still won't have a properly filed AOS package until after your VWP expires. Still no guarantee of anything.

Rene