lpdiver

From my understanding this is not standard proceedure. Someone either made a mistake or some facts are missing here. If it were me I would consult with an attorney.

Know that Immigrations is not responsible for any errors they make.

HunterGreen

Isn't an R-1 for religious workers temporarily entering the US?

Edited to answer my own question - yes it is. Here is some more info about it: http://www.bcis.com/r-1_religious_workers.shtml

I am just guessing here, so DO NOT panic, but is it possible that the immigrations person made a mistake when your now husband entered? That they saw R-1 instead of K-1? That would also explain why they insist that he can enter the US (since in their eyes he has a valid visa, the R-1).

Just speculating here!

Elaine

lpdiver

That is what I was hinting at above. But I would not leave the country until it has all been sorted out.

d_medina

Thank you. I guess we'll see what happens. I'll just pray.

Rete

Yes Elaine - it can be and we found this out when someone at the USCIS entered Jim's status as R-1 instead of K-1 back in 1998. Apparently, they misread the notation when entering it into the SAVE system.

Rete

lpdiver

I apologise. After reading your timeline I see that your husband has apparently left the country. That makes all this that much more nerve wracking. How long does he intend to be gone?

I'll pray for you too!

HunterGreen

Good thing you guys were right on top of it (I'm assuming you were ). Actually, when I was writing 'could it be possible that they made a mistake' I thought well that's a stupid question... lol. Too lazy to try and word it differently though.

Elaine

lpdiver

I would try to reconstruct dates, times, and names of those involved as best as I could while it is fresh in your mind though.

d_medina

Rete what would this mean then ? What happened to this person back in 98?

Lpliver--yes you are right it is nerve wrecking...he are anxious for his return...as I'm pregnant and found out when he left. I'm praying so hard he may return quickly ...I need him here. Otherwise I don't mind waiting.

Rete

D

I hate to throw water on the parade but the US Consulate is not the USCIS and they are not the agent at the POE. I don't have a clue why he was photographed and fingerprinted at the POE UNLESS it was in regards to the new visitor program that photographs and prints all visitors to the US and had nothing whatsoever to do with immigration.

Just because the agent at the POE made a mistake and entered the incorrect status in your husband's passport at the original time of entry does not, in my opinion only, mean that he will not have a problem if you were to just file an I-485 for his adjustment of status based on an approved K-1.

I'm not an expert and would love to hear from one regarding what is going to happen if he is allowed in and then continues adjust status via:

1. An approved K-1 with filing only the I-485 after abandoning the I-130 which was filed at the Service Center; or

2. Waits out approval of the I-130 at the VSC and then files for adjustment of status (I-485) at the local district office; or

3. Waits out approval of the I-130 at the VSC and returns to his country for adjudication of the I-130.

With point 1, will the USCIS consider that he relinquished his right to file without an I-130 because he left the country without having filed first and without advance parole?

With point 2, can he file an I-485 at the local district office and along with that the I-765 for the right to work?

With all the points, has he committed fraud upon re-entry because he is entering on a visa which is really not a valid visa?

Will he be accumulating out of status time if he enters with a visa which isn't really a valid visa?

I would strongly suggestion an immediate consultation with a knowledgable and experienced immigration attorney.

Rete

HunterGreen

Would it be too simple to think that maybe your husband should go back to the consulate, tell them he isn't a religious worker, that he suspects an error as he was a K-1 instead of R-1 and then ask them again if he can still return without waiting for the K3?
I think there's really not too much lost, since you guys were counting on having to wait for a K3 anyway. I would definitely try and solve this while he's abroad, instead of him entering the US with a visa he's not entitled to (they might consider this visa fraud?).

Good luck!
Elaine

lpdiver

How long do you anticipate him being gone?

Rete

That person was my husband. Nothing happened to him other than USCIS having to correct and update their database on his status.

Rete

d_medina

Well we are just waiting for him to be able to come back.

lpdiver

What is preventing him from returning today?