wife british citizen - enter on visit visa and apply AOS

[chimpooooo 1]

Hello,

I have a quick question on a friend's behalf who is a u.s citizen. He got married and his wife is a british citizen so she can come to the u.s without a visa. If she enters the u.s can she simply apply for adjustment of status (AOS) ? Are there are any risks of being denied?

Thanks!

[chimpooooo 1]

As a follow-up question, if they decide to go for i-130, can she still come to the u.s on the visa waiver and leave before 90 days? And then a week later or so enter u.s again on visa waiver?

[JimVaPhuong 4,863]

There are plenty of topics on the subject of VWP entry and AOS. Search a little and read some of them.

The VWP entrant is given 90 days before their status expires. If they apply for AOS during this time there is a slight risk they could be denied if USCIS determined there was preconceived intent, and if there is any evidence they lied about their intent to any immigration officer. After the 90 days is expired the risk literally explodes - many USCIS offices are either refusing to accept AOS applications or denying them outright to people who overstay a VWP entry, and then immediately deporting them.

In a nutshell, if they're going to apply for AOS then the application MUST be accepted by USCIS before the 90 day authorized stay has expired. Again, read the other threads on this topic.

I know what you're getting at with your second question. She comes to the US, stays nearly the full 90 days, leaves for a week or so (Mexico or Canada, perhaps?) and then reenters with a fresh VWP entry. Right? Wrong. She may get away with this once, but CBP will see what she's doing and they'll tell her to return to her home country and get a proper visa if she intends to stay in the US for an extended period of time. Once she's been denied entry she won't be able to use the VWP again. She'll need a visa to enter the US.

[Harpa Timsah 13,258]

You cannot enter on a VWP with the intent to stay and adjust status. That is fraud. Risks include a lifetime unwaiverable ban. She should file CR-1.

[VanessaTony 3,567]

I have a quick question on a friend's behalf who is a u.s citizen. He got married and his wife is a british citizen so she can come to the u.s without a visa. If she enters the u.s can she simply apply for adjustment of status (AOS) ? Are there are any risks of being denied?

Agree with the PP. What you are planning is FRAUD. It is against the VJ TOS to advise you how to commit fraud.

As a follow-up question, if they decide to go for i-130, can she still come to the u.s on the visa waiver and leave before 90 days? And then a week later or so enter u.s again on visa waiver?

If they choose to go the legal route by filing the I-130, then yes, she is able to TRY and re-enter but whether she is permitted to re-enter is up to CBP officers. It's not a "live in the US" thing. She should file the Cr-1 (once married). Go home and start working to save money for their new life together.