filling I-130 in conjunction with I-485 and VWP

[dclcornell 0]

I am planning on bringing my wife (Dutch) to the US by having her come with the Visa Waiver Program, filling the whole I-130, I-495, etc. package once she arrives. The huge disclaimer at the IR-1/CR-1 guide heading on this website scared the HELL out of me so I took a look at the I-130/I-485 regulations, called the USCIS 800 number and talked to the people there. I am under the impression that there is nothing unlawful about a VWP person coming and filling the I-130/I-485 because the 1) USCIS person said it was ok and 2) I-485 regulations do not bar it:

"...you are not eligible for adjustment of status if any of the following apply to you:

You were admitted to the United States as a visitor under the Visa Waiver Program, unless you are applying because you are an immediate relative of a U.S. citizen(parent, spouse, widow, widower or unmarried child under 21 years old)"

Doesn't this provision allow me to follow through with my original plan or am I just taking crazy pills? Why does the website say go back to your country, send out the I-129F, get the K-3, etc. Is this caution aimed at those who come in unmarried, marry, and then adjust or what?

[scy 0]

I am planning on bringing my wife (Dutch) to the US by having her come with the Visa Waiver Program, filling the whole I-130, I-495, etc. package once she arrives. The huge disclaimer at the IR-1/CR-1 guide heading on this website scared the HELL out of me so I took a look at the I-130/I-485 regulations, called the USCIS 800 number and talked to the people there. I am under the impression that there is nothing unlawful about a VWP person coming and filling the I-130/I-485 because the 1) USCIS person said it was ok and 2) I-485 regulations do not bar it:

"...you are not eligible for adjustment of status if any of the following apply to you:

You were admitted to the United States as a visitor under the Visa Waiver Program, unless you are applying because you are an immediate relative of a U.S. citizen(parent, spouse, widow, widower or unmarried child under 21 years old)"

Doesn't this provision allow me to follow through with my original plan or am I just taking crazy pills? Why does the website say go back to your country, send out the I-129F, get the K-3, etc. Is this caution aimed at those who come in unmarried, marry, and then adjust or what?

Think about this for a bit. If aliens living in VWP countries can do what you propose, why do you see so many K-1 applicants from those countries on Visajourney. Being married or not doesn't matter. It's the intent to immigrate upon entering the US.

If you're taking the words of some operators on an 1-800 line with respect to the legality of immigrating, you should consider not taking anymore crazy pills. Don't trust the words of strangers on the internet either. See a lawyer specializing in immigration and ask them if what you're thinking of doing is a good idea.

Hint... It's not a good idea, but don't take my words for it.

[aussiewench 9]

Also from a US Embassy web site

If you intend to remain permanently in the U.S., attempting to enter on a nonimmigrant visa or under the visa waiver program is not advisable and could result in your involuntary return to your country of residence. In order to be granted admission on a nonimmigrant visa or under the visa waiver program, you must prove that you have a residence outside the U.S. to which you intend to return, at least temporarily. It is at the discretion of U.S.C.I.S. at the port of entry whether to admit a traveler in that case.

If you are granted entry you can make an application to U.S.C.I.S. for an adjustment of status. If your application is approved, U.S.C.I.S. will give you permission to remain in the U.S. whilst you conclude processing your adjustment of status application. If they reject your application, you will be required to depart the U.S. and apply for an immigrant visa at the U.S. Embassy or Consulate in your country of residence.

[aussiewench 9]

I am planning on bringing my wife (Dutch) to the US by having her come with the Visa Waiver Program, filling the whole I-130, I-495, etc. package once she arrives. The huge disclaimer at the IR-1/CR-1 guide heading on this website scared the HELL out of me so I took a look at the I-130/I-485 regulations, called the USCIS 800 number and talked to the people there. I am under the impression that there is nothing unlawful about a VWP person coming and filling the I-130/I-485 because the 1) USCIS person said it was ok and 2) I-485 regulations do not bar it:

"...you are not eligible for adjustment of status if any of the following apply to you:

You were admitted to the United States as a visitor under the Visa Waiver Program, unless you are applying because you are an immediate relative of a U.S. citizen(parent, spouse, widow, widower or unmarried child under 21 years old)"

Doesn't this provision allow me to follow through with my original plan or am I just taking crazy pills? Why does the website say go back to your country, send out the I-129F, get the K-3, etc. Is this caution aimed at those who come in unmarried, marry, and then adjust or what?

Think about this for a bit. If aliens living in VWP countries can do what you propose, why do you see so many K-1 applicants from those countries on Visajourney. Being married or not doesn't matter. It's the intent to immigrate upon entering the US.

If you're taking the words of some operators on an 1-800 line with respect to the legality of immigrating, you should consider not taking anymore crazy pills. Don't trust the words of strangers on the internet either. See a lawyer specializing in immigration and ask them if what you're thinking of doing is a good idea.

Hint... It's not a good idea, but don't take my words for it.

Actually scy, providing that one entering the US does not lie IF and when questioned at POE and is granted entry, one has entered legally. Its really is as simple as that. And that is backed up by any and all information available on USCIS, DOS and Embassy sites. Lawyers, government bodies dont give out this advice for no god damm reason. I would seriously doubt they would recklessly advise something that is illegal.

Yes, this is a hot, touchy subject when it comes to members on VJ........but regardless.....the law is the law and the law allows it if one is inspected, and one is granted entry at POE, and is otherwise not illegible. It is not advocating anything illegal as it is not.

[scy 0]

I am planning on bringing my wife (Dutch) to the US by having her come with the Visa Waiver Program, filling the whole I-130, I-495, etc. package once she arrives. The huge disclaimer at the IR-1/CR-1 guide heading on this website scared the HELL out of me so I took a look at the I-130/I-485 regulations, called the USCIS 800 number and talked to the people there. I am under the impression that there is nothing unlawful about a VWP person coming and filling the I-130/I-485 because the 1) USCIS person said it was ok and 2) I-485 regulations do not bar it:

"...you are not eligible for adjustment of status if any of the following apply to you:

You were admitted to the United States as a visitor under the Visa Waiver Program, unless you are applying because you are an immediate relative of a U.S. citizen(parent, spouse, widow, widower or unmarried child under 21 years old)"

Doesn't this provision allow me to follow through with my original plan or am I just taking crazy pills? Why does the website say go back to your country, send out the I-129F, get the K-3, etc. Is this caution aimed at those who come in unmarried, marry, and then adjust or what?

Think about this for a bit. If aliens living in VWP countries can do what you propose, why do you see so many K-1 applicants from those countries on Visajourney. Being married or not doesn't matter. It's the intent to immigrate upon entering the US.

If you're taking the words of some operators on an 1-800 line with respect to the legality of immigrating, you should consider not taking anymore crazy pills. Don't trust the words of strangers on the internet either. See a lawyer specializing in immigration and ask them if what you're thinking of doing is a good idea.

Hint... It's not a good idea, but don't take my words for it.

Actually scy, providing that one entering the US does not lie IF and when questioned at POE and is granted entry, one has entered legally. Its really is as simple as that. And that is backed up by any and all information available on USCIS, DOS and Embassy sites. Lawyers, government bodies dont give out this advice for no god damm reason. I would seriously doubt they would recklessly advise something that is illegal.

Yes, this is a hot, touchy subject when it comes to members on VJ........but regardless.....the law is the law and the law allows it if one is inspected, and one is granted entry at POE, and is otherwise not illegible. It is not advocating anything illegal as it is not.

Oh no. I wasn't implying that entry on VWP while married is illegal in of itself. But entry on VWP with intent to immigrate, as is clearly the case with the OP since he said so, is ground for denial of AOS.

[aussiewench 9]

I am planning on bringing my wife (Dutch) to the US by having her come with the Visa Waiver Program, filling the whole I-130, I-495, etc. package once she arrives. The huge disclaimer at the IR-1/CR-1 guide heading on this website scared the HELL out of me so I took a look at the I-130/I-485 regulations, called the USCIS 800 number and talked to the people there. I am under the impression that there is nothing unlawful about a VWP person coming and filling the I-130/I-485 because the 1) USCIS person said it was ok and 2) I-485 regulations do not bar it:

"...you are not eligible for adjustment of status if any of the following apply to you:

You were admitted to the United States as a visitor under the Visa Waiver Program, unless you are applying because you are an immediate relative of a U.S. citizen(parent, spouse, widow, widower or unmarried child under 21 years old)"

Doesn't this provision allow me to follow through with my original plan or am I just taking crazy pills? Why does the website say go back to your country, send out the I-129F, get the K-3, etc. Is this caution aimed at those who come in unmarried, marry, and then adjust or what?

Think about this for a bit. If aliens living in VWP countries can do what you propose, why do you see so many K-1 applicants from those countries on Visajourney. Being married or not doesn't matter. It's the intent to immigrate upon entering the US.

If you're taking the words of some operators on an 1-800 line with respect to the legality of immigrating, you should consider not taking anymore crazy pills. Don't trust the words of strangers on the internet either. See a lawyer specializing in immigration and ask them if what you're thinking of doing is a good idea.

Hint... It's not a good idea, but don't take my words for it.

Actually scy, providing that one entering the US does not lie IF and when questioned at POE and is granted entry, one has entered legally. Its really is as simple as that. And that is backed up by any and all information available on USCIS, DOS and Embassy sites. Lawyers, government bodies dont give out this advice for no god damm reason. I would seriously doubt they would recklessly advise something that is illegal.

Yes, this is a hot, touchy subject when it comes to members on VJ........but regardless.....the law is the law and the law allows it if one is inspected, and one is granted entry at POE, and is otherwise not illegible. It is not advocating anything illegal as it is not.

Oh no. I wasn't implying that entry on VWP while married is illegal in of itself. But entry on VWP with intent to immigrate, as is clearly the case with the OP since he said so, is ground for denial of AOS.

How??.....when if questioned or questioned and answers truthfully, one is granted entry. Thats what the law requires. See my first post and any other law pertaining to this.

To the OP...in addition to my posts. If your wife is questioned, she must answer those questions truthfully, ALWAYS.....or it could come back to haunt when doing AOS. It is very doubtful when they know she is entering with intentions to immigrate, that she will be granted entry.

[scy 0]

Oh no. I wasn't implying that entry on VWP while married is illegal in of itself. But entry on VWP with intent to immigrate, as is clearly the case with the OP since he said so, is ground for denial of AOS.

How??.....when if questioned or questioned and answers truthfully, one is granted entry. Thats what the law requires. See my first post and any other law pertaining to this.

To the OP...in addition to my posts. If your wife is questioned, she must answer those questions truthfully, ALWAYS.....or it could come back to haunt when doing AOS. It is very doubtful when they know she is entering with intentions to immigrate, that she will be granted entry.

So you're saying, a married alien entering on VWP, if not questioned about intent to immigrate at POE, say the officer just let her in without any questions, will be allowed to adjust status even if subsequent to entry she enrolled in school, bought a house with her husband, and got a job?

I don't think the finding of intent at POE is the only way to prove intent. Even if no intent was determined or asked at POE, USCIS can later say, the alien enrolled in school and bought a house, therefore the alien had intent to immigrate. And it's up to the alien to disprove that.

[scy 0]

Nevermind what I wrote in my previous post. I shouldn't have opened my big mouth before checking facts.

[Yodrak 7]

aussiewench,

Are you sure about that first statement you've written? You seem to contradict it in your last statement, with which I agree.

Let's take an extreme and obvious example - a person requesting entry is questioned and truthfully answers that they are coming to the USA to lay low for a few years before poisoning the NYC water supply system. The law requires that having answered truthfully the person must be granted entry?

Yodrak

How??.....when if questioned or questioned and answers truthfully, one is granted entry. Thats what the law requires. See my first post and any other law pertaining to this.

To the OP...in addition to my posts. If your wife is questioned, she must answer those questions truthfully, ALWAYS.....or it could come back to haunt when doing AOS. It is very doubtful when they know she is entering with intentions to immigrate, that she will be granted entry.

[meauxna 15]

Doesn't this provision allow me to follow through with my original plan or am I just taking crazy pills? Why does the website say go back to your country, send out the I-129F, get the K-3, etc. Is this caution aimed at those who come in unmarried, marry, and then adjust or what?

I vote "crazy pills".

Or, you'd be being a chump---there is an excellent option available to you if YOU will go to the Netherlands.

You can petition at the Consulate in Amsterdam and she can apply for an Immigrant Visa there. I think it takes about 3-4 weeks to complete. When she comes to the US, she becomes a Permanent Resident immediately.

Details: http://www.usadutch.com

[aussiewench 9]

Yodrak,

Not what I was saying in the context of my reply to scy.......I was asking how is it grounds for denial at AOS if one has been honest at POE and granted entry. The law is that if one is granted entry they can apply to adjust status. If they havent lied on entry (which could be used against them) and are otherwise not illegible there is no reason that one wouldnt be approved AOS. The US government despite how it seems sometimes is not in the business of keeping couples apart that are both in the US, providing one is eligible of course.

aussiewench,

Are you sure about that first statement you've written? You seem to contradict it in your last statement, with which I agree.

Let's take an extreme and obvious example - a person requesting entry is questioned and truthfully answers that they are coming to the USA to lay low for a few years before poisoning the NYC water supply system. The law requires that having answered truthfully the person must be granted entry?

Yodrak

How??.....when if questioned or questioned and answers truthfully, one is granted entry. Thats what the law requires. See my first post and any other law pertaining to this.

To the OP...in addition to my posts. If your wife is questioned, she must answer those questions truthfully, ALWAYS.....or it could come back to haunt when doing AOS. It is very doubtful when they know she is entering with intentions to immigrate, that she will be granted entry.

[zyggy 9]

Yodrak,

Not what I was saying in the context of my reply to scy.......I was asking how is it grounds for denial at AOS if one has been honest at POE and granted entry. The law is that if one is granted entry they can apply to adjust status. If they havent lied on entry (which could be used against them) and are otherwise not illegible there is no reason that one wouldnt be approved AOS. The US government despite how it seems sometimes is not in the business of keeping couples apart that are both in the US, providing one is eligible of course.

aussiewench,

Are you sure about that first statement you've written? You seem to contradict it in your last statement, with which I agree.

Let's take an extreme and obvious example - a person requesting entry is questioned and truthfully answers that they are coming to the USA to lay low for a few years before poisoning the NYC water supply system. The law requires that having answered truthfully the person must be granted entry?

Yodrak

How??.....when if questioned or questioned and answers truthfully, one is granted entry. Thats what the law requires. See my first post and any other law pertaining to this.

To the OP...in addition to my posts. If your wife is questioned, she must answer those questions truthfully, ALWAYS.....or it could come back to haunt when doing AOS. It is very doubtful when they know she is entering with intentions to immigrate, that she will be granted entry.

Aussiewench...

it does not matter if they were admitted or not.. if they were asked the specific question or not... all that matter is if the intent was there at the time of entry. The fact that they were admitted to the US is inconsequential.

If at the time of entry one had the intent of immigrating to the US subsequent to that entry, then the entry based on a non-immigrant tourist status was fraudulent, pure and simple.

Edited March 8, 2006 by zyggy