Freeman

I. Background

Carla Freeman (Mrs. Freeman), a dual citizen of South Africa and Italy, met Robert Freeman, a United States citizen, 4512 FREEMAN v. GONZALES while she was temporarily working in the United States as an au pair. The Freemans became engaged and thereafter were married near Chicago, Illinois in February 2001. Shortly after the marriage, Mrs. Freeman went back to South Africa. She returned to the United States in June 2001 under the terms of a special visa waiver program (VWP) granting her a 90-day visitor’s stay in this country.1 In September 2001, before Mrs. Freeman’s 90-day visa waiver expired, Mr. Freeman filed a Petition for Immediate Relative (Form I-130) attesting to the fact of their marriage and his wife’s current status as a VWP entrant. The same day, Mrs. Freeman filed an Application to Register Permanent Resident or Adjust Status (Form I-485).2 The filing of these forms initiated the formal process for adjusting Mrs. Freeman’s status to that of a lawful permanent resident (LPR), a status granted to the non-citizen spouses of U.S. citizens. Concurrently with the filing of the I-130 and I- 485 forms, the Immigration and Naturalization…