only alien in the family

[galwaygirl 0]

Hubby and daughter us citizen.I am Irish we are all currently living in Ireland for past 8 yrs. Hubby got good job in the USA and we want to immigrate asap. We are thinking of filing the i-130 by end of the week from Ireland or do I have an option of traveling on WVP and filling from over there? Love this forum was so lost pre VJ

[JohnR! 5,495]

Hubby and daughter us citizen.I am Irish we are all currently living in Ireland for past 8 yrs. Hubby got good job in the USA and we want to immigrate asap. We are thinking of filing the i-130 by end of the week from Ireland or do I have an option of traveling on WVP and filling from over there? Love this forum was so lost pre VJ

You can't enter the US on your VWP and adjust your status once you're here, but there is nothing that should prevent you from entering the US and being with your family while you wait for your CR process to run its course. (Entering the US with the intention to stay as an immigrant, without holding an immigrant visa is considered fraud.)

I have seen recent testimony of many Europeans who are in the same situation as you are and who have been able to travel to the US under their VWP.

Good luck!

p.s. If you're Irish, you're anything but an alien in America...

Edited August 27, 2012 by Gegel

[galwaygirl 0]

You can't enter the US on your VWP and adjust your status once you're here, but there is nothing that should prevent you from entering the US and being with your family while you wait for your CR process to run its course. (Entering the US with the intention to stay as an immigrant, without holding an immigrant visa is considered fraud.)

I have seen recent testimony of many Europeans who are in the same situation as you are and who have been able to travel to the US under their VWP.

Good luck!

p.s. If you're Irish, you're anything but an alien in America...

[galwaygirl 0]

thx for reply we are trying to figure out the quickest way forward for me I previously held a J1 2002-2004 and was applying for permanent residency in CA but I broke my parole by returning home for family funeral and was denied reentry, but have gone back for visits on VWP since then.

There was nothing recorded on my passport and fingerprinting was not in operation back then. I hope this will not affect my filing for the green card. If I leave with my family is it true that I have to return to Ireland for the interview on the i-130 application? Can you advise me of any other route as my husbands job starts in Nov.

We are planning on moving to AZ

Thx again

[Penguin_ie 5,992]

Best thing would be for your husband to petition you asap, while still in Ireland. The case will be auto expediated that way. Since you visited with the VWP since your immigration issue, assuming you were truthful in your ESTA, there should be no issue with getting your IR-1 spousal visa. You can visit with the VWP during the process- to look for schools for your child, help settle the hubby etc. It is unlikely your visa will come through by early November, but there is a good chance you'll be over there permanently by Christmas.

[galwaygirl 0]

Best thing would be for your husband to petition you asap, while still in Ireland. The case will be auto expediated that way. Since you visited with the VWP since your immigration issue, assuming you were truthful in your ESTA, there should be no issue with getting your IR-1 spousal visa. You can visit with the VWP during the process- to look for schools for your child, help settle the hubby etc. It is unlikely your visa will come through by early November, but there is a good chance you'll be over there permanently by Christmas.

[galwaygirl 0]

thX for your reply can I pls ask how your took only 6wks ans have you any pointers on the process to speed thing up ? Should we put my hubby's parents address in the USA on his or should we keep it all in Ireland

[Penguin_ie 5,992]

Mine took only 6 weeks because we were able to do DCF (file directly with embassy), This is no longer an option in most countries, including Ireland. However, if your husband puts his Irish address on the forms, the case will get auto expedited and should only take a few months.