Adjustusting Status On Visa Waiver Program

[benjamin0 0]

Hello, I am an Italian citizen married to a US permanent resident. We would like to adjust my status filling form I-130 but we are not sure if we can do it since I've entered the States on a Visa Waiver Program. We really don't want to be apart waiting for the Visa at the Italian consulate, I would like to wait here. Is it legal? Thank you in advance.

[aleful 1,905]

Hello, I am an Italian citizen married to a US permanent resident. We would like to adjust my status filling form I-130 but we are not sure if we can do it since I've entered the States on a Visa Waiver Program. We really don't want to be apart waiting for the Visa at the Italian consulate, I would like to wait here. Is it legal? Thank you in advance.

no,

spouses of LPR cannot adjust in country unless they are legally in the country, such as a work visa or student visa. the wait is more than 2 years currently, and you have to be legal all that time during the wait. if you have already been here for more than 3 months, then you are out of status.

you will have your interview through consular processing in your country.

[benjamin0 0]

you have to be legal all that time during the wait. if you have already been here for more than 3 months, then you are out of status.

No, I have always been legal. I have been here for less then 90 days.

My plan is to apply now for I-130 go back to Italy and come back for another 90 days, as the program says. Do you think is it possible?

[kzielu 1,149]

No, I have always been legal. I have been here for less then 90 days.

My plan is to apply now for I-130 go back to Italy and come back for another 90 days, as the program says. Do you think is it possible?

It certainly is possible, just expect to be sent home from POE at some point - coming that frequently and having I-130 pending.

[Athena June 37]

It certainly is possible, just expect to be sent home from POE at some point - coming that frequently and having I-130 pending.

I agree, it is possible for you to visit again on VWP, but when you re-enter, be prepared to show strong ties to Italy, such as a letter from your employer stating that you have a permanent job there, are currently on vacation and are expected to return to work on a certain date. This is were it usually gets difficult - it may be impossible to find an employer who allows you to take three months off every now and then.

In any case, file your I-130 as soon as possible to get a priority date. The wait is long, but eventually it will be over. Can your spouse become a US citizen any time soon?

[benjamin0 0]

Thank you everybody.

No, the citizenship path is still long. Is it a good idea to say to the officer at the port of entry that I am visiting my wife, but at the same time provide documents showing that I have a job, a house and relatives in Italy for the purpose to convince him that I am going back?

Or should I just say "visiting friends" like always?

[kzielu 1,149]

With pending I-130 saying "visiting friends" will get you into trouble. At this point, I would be honest.

[Athena June 37]

Definitely be honest. However, while you need to answer all questions truthfully, from what I have read here on VJ, it's best to give brief answers and not to get into lengthy explanations or show documentation unless you are asked. If you search the forums here, you'll find loads of threads where the issue of visiting one's spouse under VWP is discussed.

Just as an example, my husband and I married in Boston in June, and when I went through immigration a few weeks before our wedding, I told the officer that the purpose of my trip was to get married in the US and spend my honeymoon there. This was not a problem at all - he asked a few more questions but did not even ask to see my return ticket or any of the other documentation I was carrying to prove that I was coming back to Germany after the honeymoon.

Another thing I wanted to mention: even though you can visit your wife, if you are using the VWP, you need to spend more time out of the US than in the US. It is not possible to stay in the US for 90 days, go back home for a week, and then return to the US for another 90 days. A former colleague tried to do this to live with his girlfriend in the US, and although this worked for some time, he eventually got caught.

Finally, welcome to VJ! It's nice to see other Europeans in this forum - I haven't seen many here, and it always made me wonder whether my fellow EU citizens just didn't marry US permanent residents, or whether everyone else had just figured some other way of joining their spouses in the US.

[benjamin0 0]

Thank you very much for your replies.

Well, actually the VWP says that you can stay in the US up to 180 days every year, or am I wrong?

Anyway, honestly in your opinion, how much will it take if we apply now for I-130?

Thank you in advance.

[kzielu 1,149]

Anyway, honestly in your opinion, how much will it take if we apply now for I-130?

Thank you in advance.

Till you are able to immigrate ? Probably somewhere between 10-12 months if you have no red flags.

[Athena June 37]

Since you are married to a permanent resident, it is likely to take 2-3 years for you to get a visa. Sorry, I know this is not what you want to hear. If your wife can become a US citizen in the meantime, the process will become faster as you won't have to wait for a visa number anymore.

[benjamin0 0]

Yes, this is really bad. Of course we won't be all that time apart, so I will figure something out, maybe going to a school or something.

Thank you

Edited November 9, 2011 by benjamin0

[Athena June 37]

I hate to tell this to you, but it might not be possible for you to get a student visa. To qualify for one, you need to demonstrate non-immigrant intent which is difficult when your wife is a permanent resident in the US and you have a pending I-130 petition. Your best option would be to find a job in the US and get an H-1B visa, which allows for immigrant intent. It is currently not easy to find an employer who would be willing to sponsor a foreigner for a visa (I've been looking myself for two years...), but you may at least want to look into it.

Good luck!!! And if you find a way to be with your wife, let me know - I am also looking for ideas on how to avoid the long wait.

[benjamin0 0]

I hate to tell this to you, but it might not be possible for you to get a student visa. To qualify for one, you need to demonstrate non-immigrant intent which is difficult when your wife is a permanent resident in the US and you have a pending I-130 petition. Your best option would be to find a job in the US and get an H-1B visa, which allows for immigrant intent. It is currently not easy to find an employer who would be willing to sponsor a foreigner for a visa (I've been looking myself for two years...), but you may at least want to look into it.

Good luck!!! And if you find a way to be with your wife, let me know - I am also looking for ideas on how to avoid the long wait.

But what about if we don't fill the I-130 form by now, and we will do it when I am here? You think it is possible?

[Noah Lot 391]

But what about if we don't fill the I-130 form by now, and we will do it when I am here? You think it is possible?

What 'job' do you have that provides a six month (or longer) paid vacation every year? No wonder Italy is having economic problems.

And hiding the I-130 won't work....and getting a student visa will be next to impossible because you will not be able to explain (with a straight face) why you would depart the US after your studies instead of remaining in the US with your LPR spouse.

Edited November 10, 2011 by Noah Lot