Explain 485 Please

[mnshaun]

Hi all. I'm looking for a little clarification on the I-485. Here's a little background on our situation:

I am a US national
I filed a petition for my wife, who is Japanese(I-130)
We are waiting for petition approval
We just got a letter asking for another copy of our marriage certificate and translation, which we just submitted


Now, as far as I understand how this works, as soon as the I-130 is approved, she can come to America on the ESTA visa with intent to return to Japan. Once in America, we can file for the I-485. Because she is an immediate family member of a US national, there is always an immediate visa available.

Once we file, she can overstay her ESTA 90 days, wait for the I-485 to get approved, and then do her final steps of the visa process (interview, etc.) in America.

Do I have this right? It's all rather confusing and I feel every time I read a forum post someone has contradictory information.

Thanks in advance.

[inadmissible]

Non-citizen US nationals (eg American Samoans) are treated like permanent residents for the purpose petitioning relatives for immigration. So an immigrant visa would not be immediately available to your spouse. Did you mean to say you are a US citizen? In that case, your spouse would have an immigrant visa available to her.

You are correct that if she travels on ESTA with the intention of staying temporarily, she can later file an application to adjust status in the United States if her circumstances change. However, in your narrative, she clearly does not have the intention of staying temporarily, in fact she has the intention to immigrate to the United States by entering and applying for adjustment of status. It would be proper if CBP denies her entry into the country