Joy-totheworld

Thanks.

sir_eccles

Good luck.

For what it's worth, I don't think you are on the right visa/ status /whatever and that you should have entered on a derivative of the eb2 such as e22 status.

Joy-totheworld

I will keep everyone updated as I find out more. Thanks everyone.

zerlesen

But there is no immigrant visa here, in the EB2 preference category or any other - if she was here as an e22 (or e27, or whatever) then she'd already be an LPR and the entire discussion would be moot. If she was here on a derivative visa connected to her husband's NATO visa then, assuming everything else was in order, she could presumably adjust status. I might be wrong here but it sounds like the OP might just end up having to forfeit the I-485 filing fee and either having an IV processed at a consulate, or else obtaining a derivative NATO visa and coming back again to adjust.

sir_eccles

It's possible I was confused about what had been granted so far and who had entered on what visa.

Joy-totheworld

Dear everyone who has been on this thread.
I thought I should try and update you as to what is going on. My simple question, has unleashed a nightmare of proportions I can't even begin to explain, but I shall try. Basically, after the sound advice from the group here, I rang a local immigration lawyer, who was away, so I was recommended another one in Boston. I sent her all our details, then had a consultation meeting up in Boston. She told me that yes, my son & I do need to leave by the 90 day esta ruling. But it gets much worse. Apparently nobody knows if our I-485's will be rejected as they don't know if a US military base in Bahrain constitutes as US Soil. That is where we filed them. Even if they are accepted, because my husband is on a NATO visa and has been travelling in & out of the USA since they were filed, they don't know if they will be rejected for the reason of him 'leaving'. Myself and our sons I-485's will probably be rejected also because we had no legal status in the USA at the time of filing. We have tried to get NATO visas, long story, but as my husband is coming to the end of his current job, nobody is willing to issue them. That would solve some of the problems as if we are legally here, we can alter our applications and as long as we didn't leave , everything should be ok. It gets worse though when we leave, we have nowhere to go. Our house and everything we own is here in the USA, from a previous 5 yr posting. My son is in school, so he will have to leave. My husband is away, and doesn't get back till after we have to leave. The initial lawyer I saw in Boston doesn't want to take our case and referred me to another lawyer, same story, I am now on my 7th referral and it's getting expensive. The last lawyer is a military immigration specialist in Alaska. So, with no legal advice, I don't know what to do. I was thinking about re-applying for a 2yr ESTA, as ours just ran out, leaving on our last legal day, then coming back the day later. Then I can re-unite with my husband who flies in that day also, and then we can both sit down and figure out what to do. The only bit of good news is that his EB2 (NIW) approval stands and doesn't have a time limit, so once we can get immigration sorted out, we should be ok. But at the moment, we seem to be jeopardising everything by coming back, but I don't see what else I can do.
So, if you understood any of that, your doing better then me.
Thanks, Joy.

jxv73

Whay did the seventh lawyer say?

S Folinsky

My good friend and colleague Ms. Stock is one of the best.

Joy-totheworld

The 7th lawyer hasn't said anything yet. She wants $500 for a call to discuss it. I'm holding off for a few more days to see if anything else comes up first. Not being able to talk to my husband to discuss what to do it the worst.

ian-mstm

Mr. Folinsky has recommended Ms. Stock. I very strongly suggest you follow up on his recommendation.

Ian

crg

I'm glad that you have learned of the problem before the 90 days elapsed so hopefully you will eventually overcome your issues.

I'd like to point out that even if you had a NATO visa issued today, it would not be possible to change to a NATO status from VWP status without departing the US. You may also have needed to depart the US to obtain the NATO visa.

It seems like you have to find somewhere to stay outside the US, and get that immigrant visa application rolling ASAP. I don't see an immigration attorney coming up with any way to remain in the US beyond the 90 days, also the child should not be attending school as a Visa Waiver visitor.

Good luck to you.

Joy-totheworld

Dear CRG and everyone,
Yes, I am not planning on being here past my 90 days. We're leaving no matter if we have a solution or not, unless the RN pull a miracle and the US Immigration agree to it. I think the UK will be our stop, and then we will see from there. 2 people have recommended Ms. Stock. Who is she and how do I contact her. Many thanks.

ian-mstm

Is Google broken? Try this: http://lmgtfy.com/?q=alaska+immigration+stock.

Ian