AOS while on VWP

[Godswillbedone 2]

Hello,

I am a british Citizen. My mum a USC filled i130 for me in Nov 2010 which was approved. i am awaiting my prioroty date to become current. i believe i still have a 2-3year wait on that. My mum is getting older and would like me to relocate sooner, hence we are expolring all options: my question is, i am going to visit my mum over easter and wondering if i can file AOS will in the states? I have 3 kids, my first child is 12 and a UK Citizen, the other 2 kids are 10 and 7 and both USC by birth. what other options do i have to get to the states sooner? i understand it will be difficult to get a student Visa with an approved i130, i am also job hunting in the US as a business analyst but i have not being able to secure a job.

Any help and advice will be greatly appreciated.

Thank you all for your good work and suppot on this forum.

xxx

Godwillbedone.

[kzielu 1,149]

No, you can't file AOS for mutliple reasons. First, using VWP to immigrate is a fraud. Second, until your PD becomes current, your AOS will be denied. At this point there is very little difference between AOS in US or consular processing in Embassy as both will become possible when your PD is current.

Now, - are you "umarried" ? if you are not (meaning you are married), the you fall into F3 category and you have more like 7 years of wait. Job seems to be only feasible option to get there sooner. Any kind of work or student visa will have to last through whenever your PD becomes current for you to be eligible for AOS (you need to have legal status to file it - so entering on VWP and staying illegaly is not going to work either - it will actually make you ineligible to get permanent residency which otherwise is almost certain, just need to wait for it).

[Godswillbedone 2]

Thank You swift response, i am not married hence i believe i am in F1.

[Pitaya 2,577]

~Moved from family-based AOS to Work, Student, Tourist-based AOS Forum~

~Adjusting from student visa~