Is a Visa Waiver Adjustment of status possible while awaiting a IR-1/CR-1?

[Ausmerican 0]

Hello all,

I am in the middle of a IR/CR 1 application and I am growing frustrated with being apart from my wife. So I am exploring options to be with her during the processing period.

From what I have read it is possible to apply for an adjustment of status while in the US on a Visa waiver. Does any body have any solid evidence either way?

I understand that the POE you need to prove u do not intend to overstay the waiver if the customs officer queries you(Il take that risk...maybe). Other then this, is there any reason why this would not be possible?

at this point I am willing to got on the waiver for 3 months and come back to aus and wait for my interview here, not apply for anything just spend some time with my wife.

Also my employer has expressed interest in sending me to the US on a E3 visa. While i understand that this not a dual intent visa, can I do the following

-->obtain this visa

-->Go to US on it

-->when its time for my interview return to Australia, and complete my interview

-->Re-enter the USA with my shinny new green card

technically I am not using the E3 as a stepping stone to Migration just means to work and be with my wife in the US.

Edited September 8, 2014 by Ausmerican

[canadian_wife 1,814]

The problems I see are as follows. When one typically travels to the US, the CBP often asks them how long they will stay. If you say that you intend to adjust status based on your marriage to a US citizen, then you will be denied entry. If you say that you plan on returning in 3 months when, in fact, you do not plan on doing that, then it is misrepresentation which is a huge deal.

You got your NOA2 in August - I know it is a long wait, but you are almost there. Why bother jeopardizing your future in America for a few more months of separation?

Oh - and you won't travel to the use with your "shiny new green card". You'll travel with a visa. The green card will be issued once you are in the US.

Good luck

[Ausmerican 0]

I am looking at a minimum of four more months if I don't get lucky. Thanks for the speedy reply, your right I don not wish to jeopardize my opportunity but I am looking at options.

Thanks again.

[canadian_wife 1,814]

A minimum of 4 months is not a option on the VWP. No one here is going to advise you to overstay. I know it is hard, we waited 10 solid months for the visa, it hurt every day. we never considered doing anything to violate immigration law.

good luck

[Ausmerican 0]

I meant 4 months till I potentially get my visa. I would never consider overstaying my visa, the US has repetitively fair immigration policy but from what i have read breach them and you'll get a swift kick up the bum.

[NikLR 13,227]

How long would it take to get the E3 visa?

[Ryan H 3,812]

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