Married on VWP --> AOS HELP PLEASE

[saaki2 0]

I would greatly appreciate if the kind people of this forum could comment of my planned timeline below:

1. Wife is from Norway. We got married in NYC on 4/2/15 while she was on the VWP then she went back to Norway to finish her job.

2. She is coming to NYC again on the Visa Waiver Program on 7/14/15

3. On 7/18/15 we will apply for the following:

• Form I-130, Petition for Alien Relative
• Form I-485, Application to Register Permanent Residence or Adjust Status
• Form I-864, Affidavit of Support
• Form I-765, Application for Employment Authorization

4.The Adjustment of Status pending application will allow her to stay in the US even if it takes longer than the 90 days that the Visa Waiver Program allows her to stay.

5. She should be legally allowed to work 30-90 days after filing Form I-765.

Thanks for your advice!!

[Boiler 43,429]

VWP is for visitors not immigrants.

You need to look up applying for an immigrant visa, CR1.

I will ask for your post to be moved to the right forum.

[Ontarkie 13,914]

~~Moved to IR1/CR1 from AOS Family, As the wife is not longer in the US, AOS is off the table. The OP will need to file for CR1 now.~~

[Kastrs 723]

You need to apply for a CR1

It is considered fraud to enter on the VWP with the intent to stay and adjust status

[TheCaptain 67]

Using the VWP to KNOWINGLY enter the US and adjust status is IMMIGRATION FRAUD.

No one will entertain answering your question. If she does enter and it is found at ANY TIME she entered the country via the VWP with the intent to adjust status with prior knowledge she can be deported and banned.

Continuing with this way of AOS is a very bad idea!.

CR1/IR1 is the only way you can have her adjust her status now.

Edited June 16, 2015 by TheCaptain

[Ontarkie 13,914]

~~One post removed for Advocating fraud - Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.~~

[Boiler 43,429]

~~One post removed for Advocating fraud - Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.~~

OP gets to see the post as I did.

[Flyingpig80 0]

OP gets to see the post as I did.

I'm new here, but can someone tell me why my post has been removed and I've been accused of fraud? And illegal?

Thanks

[Boiler 43,429]

You suggested or gave guidance to immigrate on a non immigrant visa, OP's SO is not in the US.

[Shauneg 762]

I would greatly appreciate if the kind people of this forum could comment of my planned timeline below:

1. Wife is from Norway. We got married in NYC on 4/2/15 while she was on the VWP then she went back to Norway to finish her job.

2. She is coming to NYC again on the Visa Waiver Program on 7/14/15

3. On 7/18/15 we will apply for the following:

• Form I-130, Petition for Alien Relative
• Form I-485, Application to Register Permanent Residence or Adjust Status
• Form I-864, Affidavit of Support
• Form I-765, Application for Employment Authorization

4.The Adjustment of Status pending application will allow her to stay in the US even if it takes longer than the 90 days that the Visa Waiver Program allows her to stay.

5. She should be legally allowed to work 30-90 days after filing Form I-765.

Thanks for your advice!!

Looks like you're in for a 8-12 month wait applying for a CR-1. She is not allowed to come back in on her VWP and adjust. The VWP is not a free ride to immigration as you're trying to use it.

[saaki2 0]

Thanks for all of your responses. I've read that in November of 2013 the US citizens and Immigration Services released a policy memorandum stating:

INA section 245©(4) renders aliens admitted under the VWP ineligible to adjust status to that of a person admitted for permanent residence. This provision, however, includes an exception for immediate relatives of U.S. citizens. 5 Thus, an individual admitted under the VWP who is also an immediate relative is not precluded from seeking adjustment of status, even after the VWP period has expired. U.S. Immigration and Customs Enforcement (ICE) has authority to order the removal of a VWP overstay, including an immediate relative, under INA section 217(b) and 8 CFR 217.4(b). Numerous courts of appeals agree that, generally, a VWP overstay may not contest a removal action on the basis that he or she has filed Form I-485.6 However, these cases concern only the individual’s inability to contest removal. They do not address whether the Department of Homeland Security (DHS) can, as a matter of discretion, decline to seek the individual’s removal and grant adjustment if the individual is eligible. Nor do these decisions preclude a VWP overstay who is not subject to a removal order from filing a Form I-485 with USCIS. Whether to grant adjustment to an eligible applicant is a matter entrusted to DHS discretion. USCIS exercises this discretion on behalf of DHS.

Can anyone comment on this?

[Shauneg 762]

Thanks for all of your responses. I've read that in November of 2013 the US citizens and Immigration Services released a policy memorandum stating:

INA section 245©(4) renders aliens admitted under the VWP ineligible to adjust status to that of a person admitted for permanent residence. This provision, however, includes an exception for immediate relatives of U.S. citizens. 5 Thus, an individual admitted under the VWP who is also an immediate relative is not precluded from seeking adjustment of status, even after the VWP period has expired. U.S. Immigration and Customs Enforcement (ICE) has authority to order the removal of a VWP overstay, including an immediate relative, under INA section 217(b) and 8 CFR 217.4(b). Numerous courts of appeals agree that, generally, a VWP overstay may not contest a removal action on the basis that he or she has filed Form I-485.6 However, these cases concern only the individual’s inability to contest removal. They do not address whether the Department of Homeland Security (DHS) can, as a matter of discretion, decline to seek the individual’s removal and grant adjustment if the individual is eligible. Nor do these decisions preclude a VWP overstay who is not subject to a removal order from filing a Form I-485 with USCIS. Whether to grant adjustment to an eligible applicant is a matter entrusted to DHS discretion. USCIS exercises this discretion on behalf of DHS.

Can anyone comment on this?

If he entered illegaly he didn't enter under VWP. Besides that Mexico is not a VWP country.

https://help.cbp.gov/app/answers/detail/a_id/1550/session/L2F2LzEvdGltZS8xNDM0NTExNTE5L3NpZC9zQVRFRjRwbQ%3D%3D/~/visa-waiver-program---eligible-countries

[Transborderwife 4,666]

Thanks for all of your responses. I've read that in November of 2013 the US citizens and Immigration Services released a policy memorandum stating:

INA section 245©(4) renders aliens admitted under the VWP ineligible to adjust status to that of a person admitted for permanent residence. This provision, however, includes an exception for immediate relatives of U.S. citizens. 5 Thus, an individual admitted under the VWP who is also an immediate relative is not precluded from seeking adjustment of status, even after the VWP period has expired. U.S. Immigration and Customs Enforcement (ICE) has authority to order the removal of a VWP overstay, including an immediate relative, under INA section 217(b) and 8 CFR 217.4(b). Numerous courts of appeals agree that, generally, a VWP overstay may not contest a removal action on the basis that he or she has filed Form I-485.6 However, these cases concern only the individuals inability to contest removal. They do not address whether the Department of Homeland Security (DHS) can, as a matter of discretion, decline to seek the individuals removal and grant adjustment if the individual is eligible. Nor do these decisions preclude a VWP overstay who is not subject to a removal order from filing a Form I-485 with USCIS. Whether to grant adjustment to an eligible applicant is a matter entrusted to DHS discretion. USCIS exercises this discretion on behalf of DHS.

Can anyone comment on this?

Sure, this applies if you don't pre plan it like you a already mentioned which is fraud.

[san diego 407]

I just reported this to USCIS. Potential fraud. Also asked to check IP of the op. This thread should be closed. Moderator....

[Shauneg 762]

Looks like you're in for a 8-12 month wait applying for a CR-1. She is not allowed to come back in on her VWP and adjust. The VWP is not a free ride to immigration as you're trying to use it.

Oops posted this in the wrong forum. Had two windows open...