Tweet
Hi there,
We visited immigration attorney last week and actually we got confused.
i just wanted discuss proper way to file I-130 and do process from outside of U.S.
F2A category is now current , so I thought it might be a good time even we didn’t planned it.
(just discovered by chance that category is actually current)
Background :
My partner (same sex) got his LPR as asylum seeker 4 years ago.
We know each other for more than 10 years, lot of evidence of bon a fide.
he actually resides at my property ( I’m not resident, but have property in U.S. since 2012)
I am E.U. national , visiting frequently using my VWP (ESTA)
Attorney visit ( just to find out best way):
We had nice conversation with attorney, she advised that adjustment of status for
Visa Waver entrant, married with LPR is possible because Category is current now,
so we can file ..
However I just would like to clarify this.
As it’s says at USCIS website, VWP entrants are generally barred from status adjustment
unless they are immediate relatives of U.S. Citizens .
Which is not the case for us.
My partner /spouse is LPR.
From another hand, main obstruction in F2A Category is that usually visa
is not available immediately, by time of filing, when visa is available,
you are already out of legal status (90 days stay limit as per VWP)
Again, now category is current.
Does it means that we can apply for adjustment of status ,
because category is current, even I’m not immediate relative of U.S Citizen,
rather spouse of LPR?
My understanding after conversation with Attorney is that we can do it.
Just want to double check to not do something that I would regret.
Initial plan was to do consular way, after visit I got confused.
Also, It’s only 30 days after entry (90 day rule in mind),
which makes it even more complicated.
It was truly unplanned whatsoever.
Any thoughts folks?
Many thanx...
We visited immigration attorney last week and actually we got confused.
i just wanted discuss proper way to file I-130 and do process from outside of U.S.
F2A category is now current , so I thought it might be a good time even we didn’t planned it.
(just discovered by chance that category is actually current)
Background :
My partner (same sex) got his LPR as asylum seeker 4 years ago.
We know each other for more than 10 years, lot of evidence of bon a fide.
he actually resides at my property ( I’m not resident, but have property in U.S. since 2012)
I am E.U. national , visiting frequently using my VWP (ESTA)
Attorney visit ( just to find out best way):
We had nice conversation with attorney, she advised that adjustment of status for
Visa Waver entrant, married with LPR is possible because Category is current now,
so we can file ..
However I just would like to clarify this.
As it’s says at USCIS website, VWP entrants are generally barred from status adjustment
unless they are immediate relatives of U.S. Citizens .
Which is not the case for us.
My partner /spouse is LPR.
From another hand, main obstruction in F2A Category is that usually visa
is not available immediately, by time of filing, when visa is available,
you are already out of legal status (90 days stay limit as per VWP)
Again, now category is current.
Does it means that we can apply for adjustment of status ,
because category is current, even I’m not immediate relative of U.S Citizen,
rather spouse of LPR?
My understanding after conversation with Attorney is that we can do it.
Just want to double check to not do something that I would regret.
Initial plan was to do consular way, after visit I got confused.
Also, It’s only 30 days after entry (90 day rule in mind),
which makes it even more complicated.
It was truly unplanned whatsoever.
Any thoughts folks?
Many thanx...
Comment