Already married - can I use VWP to come and adjust status?

[nuumo 0]

I am a UK citizen my wife is (United States citizen ) we got married in the US and have been married for over 5 years can I get in to the USA on a VWP then go for a green card once i am in the country?

[Laura & Kyle 16]

I am a UK citizen my wife is (United States citizen ) we got married in the US and have been married for over 5 years can I get in to the USA on a VWP then go for a green card once i am in the country?

No, you cannot use the VWP to come over and adjust status (aka- get a greencard) with prior intent (which you certainly have shown). You may use the VWP to visit, and visit only. Because you are married, you need to follow the CR-1 route. Please read the guide here-->http://www.visajourney.com/forums/index.ph...page=i130guide1

Edited March 13, 2010 by laura and kyle

[Kathryn41 3,205]

split question from end of older thread "How do you know if you can stay and AOS in the US" to make its own topic so the OP can have his/her specific questions answered and not get overlooked

[Otto 83]

The short answer is 'Not really' - you can try but you may be attempting to circumvent US Immigration Law(s) by doing so.

As mentioned in your previous post

http://www.visajourney.com/forums/index.ph...0&p=3794027

[Justine+David 218]

The good news though is that you can get an IR-1 visa and get a 10 year green card instead of a conditional 2 year one since you've been married for 5 years.

[trillium13 84]

The good news though is that you can get an IR-1 visa and get a 10 year green card instead of a conditional 2 year one since you've been married for 5 years.

[sachinky 464]

Coming over on the VWP with prior intent to AOS and stay is visa fraud as you'd be attempting to circumvent the immigration procedures that are already in place.

You may use the VWP to visit your spouse while your CR-1 is in progress.

[SunDrop 59]

You may use the VWP to visit your spouse while your CR-1 is in progress.

Would be an IR-1, since they've been married 2+ years.

[Antje/Terry 1]

Where is your wife at? If she is in the UK with you, you can also do the DCF. Otherwise you have to get an IR-I as the people already said.

[nuumo 0]

<!--quoteo(post=3794066:date=Mar 13 2010, 09:12 AM:name=nuumo)--><div class='quotetop'>QUOTE (nuumo @ Mar 13 2010, 09:12 AM) <a href="index.php?act=findpost&pid=3794066"><{POST_SNAPBACK}></a></div><div class='quotemain'><!--quotec-->I am a UK citizen my wife is (United States citizen ) we got married in the US and have been married for over 5 years can I get in to the USA on a VWP then go for a green card once i am in the country?<!--QuoteEnd--></div><!--QuoteEEnd-->

No, you cannot use the VWP to come over and adjust status (aka- get a greencard) <b>with prior intent</b> (which you certainly have shown). You may use the VWP to visit, and visit only. Because you are married, you need to follow the CR-1 route. Please read the guide here--><a href="http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide1" target="_blank">http://www.visajourney.com/forums/index.ph...page=i130guide1</a>

Thank you I will look in to the IR-1 and CR-1 route

Where is your wife at? If she is in the UK with you, you can also do the DCF. Otherwise you have to get an IR-I as the people already said.

In the US

Would be an IR-1, since they've been married 2+ years.

Thank you I will do that

Edited March 15, 2010 by nuumo

[nuumo 0]

The short answer is 'Not really' - you can try but you may be attempting to circumvent US Immigration Law(s) by doing so.

As mentioned in your previous post

<a href="http://www.visajourney.com/forums/index.php?showtopic=246622&st=0&p=3794027" target="_blank">http://www.visajourney.com/forums/index.ph...0&p=3794027</a>

Thank you all I will look in to the IR-1 and CR-1 route but can some tell the differers between IR-1 and CR-1 route

Edited March 15, 2010 by nuumo

[nuumo 0]

Thank you all I will look in to the IR-1 and CR-1 route but can some one tell the differers between IR-1 and CR-1 route

Would be an IR-1, since they've been married 2+ years.

Thank you all I will look in to the IR-1

[nuumo 0]

Coming over on the VWP with prior intent to AOS and stay is visa fraud as you'd be attempting to circumvent the immigration procedures that are already in place.

You may use the VWP to visit your spouse while your CR-1 is in progress.

Thank you I will look in to the IR-1 and CR-1 route but can some tell the differers between IR-1 and CR-1 route

<!--quoteo(post=3795372:date=Mar 13 2010, 10:20 PM:name=Justine+David)--><div class='quotetop'>QUOTE (Justine+David @ Mar 13 2010, 10:20 PM) <a href="index.php?act=findpost&pid=3795372"><{POST_SNAPBACK}></a></div><div class='quotemain'><!--quotec-->The good news though is that you can get an IR-1 visa and get a 10 year green card instead of a conditional 2 year one since you've been married for 5 years.<!--QuoteEnd--></div><!--QuoteEEnd-->

<img src="http://www.visajourney.com/forums/public/style_emoticons/<#EMO_DIR#>/good.gif" style="vertical-align:middle" emoid="" border="0" alt="good.gif" />

Thank you all I will look in to the IR-1 and CR-1 route but can some tell the differers between IR-1 and CR-1 route

I am a UK citizen my wife is (United States citizen ) we got married in the US and have been married for over 5 years can I get in to the USA on a VWP then go for a green card once i am in the country?

( Thank you all I will look in to the IR-1 and CR-1 route but can some tell the differers between IR-1 and CR-1 route )