Spouse entering under VWP. Applying for AOS.

[jsree84 0]

Hi everyone, I’m sorry if I sound ignorant or silly with my question. I’ve been trying to read as much as possible - and bugging the USCIS people too!

I’m a Singaporean and my husband is an American. We got married in Singapore because the idea was to live in Singapore as he was working here. Now due to work complications, he has to move back to US and we find ourselves in the midst of confusion on what is the fastest and best route. We don't want to be separated either while we apply for my green card.

Both of us have called USCIS a few times, and have been told we can apply for the I-485 and I-130 together once I’m in U.S. One agent said I simply have to enter with a 2-way ticket since I’m going under VWP and then apply because I’m his spouse. He didn’t mention 30/60 AOS, but I gather that’s what he meant. I’m worried but my husband thinks it’s perfectly okay and shouldn't be an issue.

Has anyone encountered a similar situation and how did it go? I really don’t want to commit immigration fraud by mistake because of this. And we're grateful for any advice!

Thank you so much!

[milimelo 4,191]

What you're proposing to do is visa fraud - entering on a tourist visa with intent to stay and AOS.

USCIS infoline is everything but a good source of information and you can't say "I was told by USCIS it's ok" - can't hold them responsible for giving you the wrong info.

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