USCIS misinformation construed as error? re: filing I-130 and I-485 upon arrival in the usa

[Mayakovsky]

Greetings from the island of Crete.

My story, in few words.

I am an American citizen by birth and married my wife of six years in Greece, where I currently reside along with her stepson. Both she and her son are Greek citizens in possession of US visitor visas.

A year ago I looked into moving back to the USA, informed myself of the I-130 form and procedure but, in not knowing for sure whether we would be returning, decided not to pursue that route. I DID call USCIS to ask if that was the only procedure, and I was informed that it would be no problem to simply initiate the paperwork upon the arrival of my entire family in the USA. That was a comforting enough answer, and I trusted the legitimacy of the response.

Last month, to reassure myself that there would be no problems with our move this August, I again called to confirm the procedure. I called three times, speaking with three different people. Two of these said that it was legal to arrive on a visitor visa and then simultaneously file I-130 and I-485 on behalf of my wife and stepson. A third, however, stated that doing such would constitute fraud.

Further online research suggests that such an intent is indeed considered fraudulent and that I shouldn't risk it. In that I had, in timely fashion, taken the steps to inform myself, yet was MISINFORMED on multiple occasions, what recourse do I have?

I want to proceed legally, yet somehow accommodate the residency of my wife and stepson in the USA while waiting processing of any necessary forms.
It seems absurd that, theoretically, a foreigner might whimsically get married in Las Vegas and legally apply to adjust status, and I myself am encountering such difficulties in trying to move AS A FAMILY to my home country.

Any suggestions?
Do I at least have any claim for USCIS error in hopes of expediting the procedure?

ANY help or direction would be most appreciated....this is daunting, and I have no intention of doing something that would jeopardize our family situation.

Thanks in advance.....so much.....

 

[Jackolantern]

The underlying principle as that people should not enter the US with a tourist visa while having the intention to stay and immigrate.

If somebody meets an American while on vacation in Vegas and they marry a week later, they didn't enter the US with immigrant intent so they wouldn't have that problem with the green card process (however they might have other problems such as with convincing the interview that they have a bona fide marriage).

The people on the USCIS phones give misinformation all the time. Never call them asking what you should or shouldn't do. Their only use is helping you find out the status of an ongoing case, and they aren't so good at that either.

You will have absolutely no recourse for misinformation like this.

What you should have done a year ago is file the I-130s without filing I-485. By now they would have had interviews at the consulate or be close to that point. At that point they could decline or postpone the interviews if you decided against moving to the US, or they could proceed with the interviews and then you would have another 6 months after consular approval to contemplate whether to actually bring them to the US.

However, when it comes to immediate relatives of US citizens (spouse, parents, and under-21 children and eligible stepchildren) they operate in an "ask for forgiveness but not for permission" mode. I mean that if they know or suspect up front that your family intends to stay in the US, they would refuse them entry with tourist visas, but if they manage to enter the US with tourist visas and without lying they'll generally approve the green cards anyway if they apply for adjustment of status and there are no other negative factors.