i-130 and i-485 with ESTA

[paty]

Hi all,

I am currently engaged to a Japanese national and we plan on getting married in August. I live in El Paso, TX, and he lives in Juarez, Mexico, the neighboring border city. He works for a japanese company with a plant in Juarez and currently has an ESTA and an E-2 work visa. Since his job requires him to be present in Mexico every day, would it be possible to file just the i-130 as if he is outside the US even though he has the ESTA and the E2 Visa, or would we have to file the i-485 as well even though he isn't living in the US?

Thanks!!

[newacct]

Hi all,

I am currently engaged to a Japanese national and we plan on getting married in August. I live in El Paso, TX, and he lives in Juarez, Mexico, the neighboring border city. He works for a japanese company with a plant in Juarez and currently has an ESTA and an E-2 work visa. Since his job requires him to be present in Mexico every day, would it be possible to file just the i-130 as if he is outside the US even though he has the ESTA and the E2 Visa, or would we have to file the i-485 as well even though he isn't living in the US?

Thanks!!

I-485 will be abandoned if he leaves the US while it is pending without first having gotten Advance Parole (and Advance Parole takes 4-5 months to get). So if he can't stay in the US for a long time, AOS won't work. However, if he just continues to cross daily and wait for Consular Processing in Mexico, there is an increasing chance that he will be denied entry at some point for immigrant intent.

[paty]

I-485 will be abandoned if he leaves the US while it is pending without first having gotten Advance Parole (and Advance Parole takes 4-5 months to get). So if he can't stay in the US for a long time, AOS won't work. However, if he just continues to cross daily and wait for Consular Processing in Mexico, there is an increasing chance that he will be denied entry at some point for immigrant intent.

Right i understand this. So is it possible for us to apply with just the i-130 while he waits in Mexico during the processing, even though he has the VISA/ESTA?