adjust for status on VWP

[Cathi 5,771]

She's not trying to play the system. As jdh said, she asked a question. Why can't people just answer it without screaming "you're bad" at the person asking?

If, after she's told she can't use the VWP to immigrate, she goes ahead and does it anyway, then scream away.

and the OP posted again and stated that she wants advice on how to adjust status while here on VWP after many people told her she can't I am trying to get the point across.

[ceadsearc 516]

It is more than frowned upon, it is illegal

No, it is illegal to enter with intent to stay. Just because intent alone cannot be used to deny, doesn't mean it isn't fraud.

[DandT14 272]

and the OP posted again and stated that she wants advice on how to adjust status while here on VWP after many people told her she can't I am trying to get the point across.

Where did she post? In this thread? I'm looking but I don't see it.

[fantonledzepp 159]

No, it is illegal to enter with intent to stay. Just because intent alone cannot be used to deny, doesn't mean it isn't fraud.

The OP said she wants to adjust from VWP because she "doesn't want to wait". That sounds fraudulent to me. We've all waited.

[DandT14 272]

The OP said she wants to adjust from VWP because she "doesn't want to wait". That sounds fraudulent to me. We've all waited.

She asked if she could enter on the VWP and then apply for an immigrant visa from within the US. That's not fraudulent, it's misinformed.

The answer is to the OP's question is no. You're not supposed to use the VWP to enter the country if your intent is to stay here. And you wouldn't apply for an immigrant visa once you got here, because you'd already be here and the visa is meant to allow you entry. Does that make sense?

The legal way is to apply for the spousal visa (because you're already married) as others have said. You might have to be separated and you'll probably have to wait. It's a sacrifice you'll have to make if you want to live in the US with your husband. So get started ASAP.

[grrrrreat 109]

It is more than frowned upon, it is illegal

Off topic! All of this discussion is off topic! OP is a member of a military family; she should have an easy I-130 process. I provided the information she can use to contact USCIS Military Help Line but you are all drowning it out with this useless debate. Focus on helping OP.

Here is the military help line again! Get your I-130 ready and call them to inquire about how to expedite it. They do it all the time for military families.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7d1f8430256b3210VgnVCM100000b92ca60aRCRD&vgnextchannel=7d1f8430256b3210VgnVCM100000b92ca60aRCRD

You might have to be separated and you'll probably have to wait. It's a sacrifice you'll have to make if you want to live in the US with your husband. So get started ASAP.

I provided OP with the military help line to expedite her I-130, so she may not have to wait!

[r.sas 0]

USCIS often expedites petitions for immigrant visas for U.S. citizens who live abroad and especially for members of the military. Start working on your form I-130 according to the Guides on this website, and then review this information for military families from USCIS. Call the number listed there and see what the process is: they list "bringing a spouse to the United States" as something that they help military members with.

Guide: http://www.visajourney.com/content/i130guide1

Military families: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7d1f8430256b3210VgnVCM100000b92ca60aRCRD&vgnextchannel=7d1f8430256b3210VgnVCM100000b92ca60aRCRD

thanks!

[r.sas 0]

My husband is a us citizen, he is gettin out the army in september so we want go to the states and stay there, but we dont want to apply for immigrant visa over here because it would take too long. Can we apply for an immigrant visa once i entered the US on the visa waiver program? They can send me back to europe sayin that i need to apply for the visa over here? how long after i enter the us on VWP should we apply? we very unexperienced... whats the best thing to do?

thanks for help!

THANKS FOR ALL WHO GAVE ME USEFUL ANWERS, REALLY APPRECIATE IT!

AND to all those ppl who start to freak out bout question, im sayin again how i did before: I ONLY ASKED WHATS THE BEST THING TO DO? AND I ALSO SAID THAT WE ARE UNEXPERIENCED!! THATS WHY IM HERE ASKIN BEFORE I WOULD DO ANYTHING...MAKE SENCE??? DAMN. SMH AT YA -.-

[Xanax 349]

THANKS FOR ALL WHO GAVE ME USEFUL ANWERS, REALLY APPRECIATE IT!

AND to all those ppl who start to freak out bout question, im sayin again how i did before: I ONLY ASKED WHATS THE BEST THING TO DO? AND I ALSO SAID THAT WE ARE UNEXPERIENCED!! THATS WHY IM HERE ASKIN BEFORE I WOULD DO ANYTHING...MAKE SENCE??? DAMN. SMH AT YA -.-

No need to get angry and type in caps.

Yes some people are a little over zealous in calling fraud and trying to scare you, but just ignore those post and focus on the reasonable and balanced responses, that is not to say the negative posts don't have some validity. It is good to get a wide variety of responses, not just the ones you want to hear because you never know, you might get an IO, Customs officer, secondary interview officer (etc) just like that negative-nancy poster and then you will be prepared!

[bigdog 376]

Apply for adjustment as military spouse, no big deal.

[armywiffy 0]

Unfortunately, it is considered fraud (thus illegal) to enter the US with immigrant intent on a non-immigrant visa. No one on this site can counsel you on this, it is against the TOS. If you start your CR-1 now, well, yeah, you won't have it by September, most likely, but that seems to be your only option right now. Can a military person get an expedite?

Sorry I can't help you further.

this is not really true at all she can read this it is lil risk but a lawyer i did found it in the net she is married with a us citizen so it is not the same read this :

I Entered the U.S. through the Visa Waiver Program. Can I Change my Status to another non-immigrant status or adjust my status to a Green Card?

Change of Status from Visa Waiver to another Non-immigrant Status

Coming to the U.S. can be eye opening. Many people may visit, and then realize that they would like to stay longer, either to work or go to school. Someone may come as a tourist, and then later decide that he wants to stay. Can someone who comes as a tourist under the Visa Waiver Program change status to another nonimmigrant visa status and stay longer in the U.S.?

For example, Larry is from France. France participates in the Visa Waiver Program (VWP) with the U.S. (If your country participates in the VWP, there is no need to get a tourist visa to visit the United States.) The VWP is designed for temporary business or pleasure travel that lasts for fewer than 90 days. Learn more about countries participating in the Visa Waiver Program here.

When Larry enters the U.S. on VWP, he originally intends just to visit and learn more about the U.S. However, spending 30 days in the U.S., Larry finds a prestigious university that he would like to attend and wants to change from VWP to F-1 status, without having to leave the United States. However, Larry is unsure as to whether he can legally apply for a change of status in this context.

In the scenario above, Larry would not be able to apply for a change of status from VWP to F-1 status. As a general rule, a person on a VWP cannot change his or her status while still in the United States. There are minor and rare exceptions, such as U visas, refugee, and asylum, but the overwhelming majority of people on VWP cannot change status to another nonimmigrant visa while still in the U.S. Larry will have to go home and apply for a visa through Consular Processing at the U.S. consulate in France. [8 C.F.R. 217.3 (a)]

Adjustment of Status from Visa Waiver to Lawful Permanent Resident

What if you come to the U.S., and find that you like it so much, you want to file to adjust your status to lawful permanent resident status (green card holder) so that you can stay permanently? Can you do that?

Usually you cannot file an adjustment of status from VWP status. As a general rule, a person who enters on VWP cannot adjust status to lawful permanent resident status (green card holder) while in the U.S. By entering on VWP, you certify to the Customs and Border Protection agent who admits you that you do not intend to stay in the U.S. If you intend to stay in the U.S., you are considered ineligible for the VWP and should seek the appropriate visa from the U.S. consulate in your country.

The exception to this is for immediate relatives of U.S. citizens who are the beneficiaries of an immediate-relative petition and file an adjustment of status application within the 90 day authorized period. [iNA 245©(4)]. Sometimes, after people arrive in the U.S. on VWP, they might change their minds and decide they want to stay permanently with their U.S. citizen family member. If you are in the U.S. based only on the VWP, then you can file for a green card based on marriage to a U.S. citizen, or being the child of a U.S. citizen (under 21 years old and unmarried), or being the parent of a U.S. citizen, and the U.S. citizen child who petitions for you must be 21 years or older (these three bases together is called the “immediate relatives” category). However, a VWP holder who files for an AOS outside of the 90-day period or is otherwise placed in removal proceedings may be ineligible for an adjustment of status, even if they are an immediate relative. [8 C.F.R. 1208.2©(3)(i)]For all other kinds of green card applications, you will still have to go through the consulate in your country after the initial petition has been approved by the USCIS.

For example, Sara lives in England. Dan lives in Chicago and is a U.S. Citizen. Sara and Dan have been dating for 2 years, and Sara often comes to Chicago to visit Dan, never staying for more than 90 days. During one of Sara’s trips to Chicago, Dan proposes and Sara says yes. Can they get married right away, so that Sara can apply for her green card and stay with Dan? Yes. Sara can file her adjustment of status at the same time that Dan files the immigration petition (I-130) petition for her within 90 days of Sara’s arrival at the US.

However, green card applications filed by people present in the U.S. through VWP must be carefully addressed. Applicants should still be prepared to document that they did not have preconceived intent. Second, applicants should pay careful attention to timing, and be sure to file their application while they are still in VWP status in the U.S.

Applicants should make it a priority, if they are eligible and decide to file for a green card while in the U.S. on the VWP, to file it within 90 days of entry. People who enter on the VWP are only allowed to stay for 90 days. After that, they are unlawfully present in the U.S., and can be removed by the government if caught. People who enter on VWP, as a condition of their entry, waive their right to review before an immigration judge prior to removal. A pending application for a green card does not protect an applicant who entered under VWP from removal, unless he filed it within 90 days. Thus, those who enter under VWP and are eligible for adjustment of status should be careful to file their application before their 90 days is up.

Canada is not included on the list of countries that participate in the Visa Waiver Program; however, Canadians are admitted under North American Free Trade Agreement (NAFTA). Canadian citizens do not need a visa (except those who fall under E, K, S, or V non-immigrant visas), but do need a passport to enter the U.S. [8 C.F.R.212.1 (a)] Also, under the Western Hemisphere Travel Initiative (WHTI) program, Canadian citizens must have a valid passport to enter the U.S. and must provide documentary evidence of citizenship (exceptions can be found at [8 C.F.R.212.1 (a) (1) (i), (ii), (iii)]. [Department of Homeland Security]

The North American Free Trade Agreement (NAFTA) also allows Canadian citizens to enter the United States to engage in certain professional activities. The agreement allows Canadian citizens to enter as business visitors so long as they receive no salary or other compensation from a U.S. source, other than expense allowances. Also, for Canadian professionals, there are TN visas that allow Canadian citizens to engage in professional activities. [8 C.F.R. 214.2 (b)(4)]

Furthermore, Canadian citizens who are admitted into the U.S. without a visa are allowed to remain for 180 days; however, those who enter the United States under a B-1/B-2 visa are allowed to stay in the U.S. for 1 year and those admitted under a TN visa are allowed to stay in the U.S for three years. [8 C.F.R. 214.2 (b)(1); INA 214.6 (e)] While Canadian citizens are not allowed to file and application for an adjustment of status, they are allowed to apply for a change of status to another non-immigrant status. It should be noted that the USCIS could look upon this application with scrutiny; therefore if the Canadian citizen would like to eventually apply for a change of status, they should be upfront about it with the USCIS border monitor when they make their entry into the United States. Doing this will decrease the likelihood of the COS application being denied on the basis of preconceived intent.

[Little_My 464]

You are missing the main point of this issue. Yes, adjusting status from a VWP entry can be done, when there was no preconceived intent to do so prior to using VWP to enter the country - or any other non-immigrant visa, for that matter. In this example you have quoted, "Sara" entered under VWP without planning to stay. She did not know his fiance was planning to propose. The circumstances changed, and she decided it made sense to stay and AOS in the US, AFTER she had entered under VWP. This is okay. It is not fraud, it is not really even a loophole in my eyes. There are situations where people do sincerely change their minds after entry and decide to AOS once they are in the US.

The OP was asking if it was okay to use the VWP to enter the US with the intent of getting married, filing for AOS and staying. This is NOT okay, as has been stated by several posters. It is fraud. The text you quoted is therefore a bit irrelevant for the OPs situation.

[AF-Wife 181]

THANKS FOR ALL WHO GAVE ME USEFUL ANWERS, REALLY APPRECIATE IT!

AND to all those ppl who start to freak out bout question, im sayin again how i did before: I ONLY ASKED WHATS THE BEST THING TO DO? AND I ALSO SAID THAT WE ARE UNEXPERIENCED!! THATS WHY IM HERE ASKIN BEFORE I WOULD DO ANYTHING...MAKE SENCE??? DAMN. SMH AT YA -.-

They always do that as soon as AOS-ing from VWP comes up ... I always ignore the stupid comments. They are angry at the world, that they have to wait and be apart for so long!

Edited July 27, 2012 by AF-Wife

[AF-Wife 181]

I completely agree!!!

You are missing the main point of this issue. Yes, adjusting status from a VWP entry can be done, when there was no preconceived intent to do so prior to using VWP to enter the country - or any other non-immigrant visa, for that matter. In this example you have quoted, "Sara" entered under VWP without planning to stay. She did not know his fiance was planning to propose. The circumstances changed, and she decided it made sense to stay and AOS in the US, AFTER she had entered under VWP. This is okay. It is not fraud, it is not really even a loophole in my eyes. There are situations where people do sincerely change their minds after entry and decide to AOS once they are in the US.

The OP was asking if it was okay to use the VWP to enter the US with the intent of getting married, filing for AOS and staying. This is NOT okay, as has been stated by several posters. It is fraud. The text you quoted is therefore a bit irrelevant for the OPs situation.

[JohnR! 5,495]

this is not really true at all she can read this it is lil risk but a lawyer i did found it in the net she is married with a us citizen so it is not the same read this :

I Entered the U.S. through the Visa Waiver Program. Can I Change my Status to another non-immigrant status or adjust my status to a Green Card?

Below is a link to the website of the Dept of State. Although under the VWP you do not need a visa to come to the US as a tourist, the same principles and rules apply as though you did. Therefore, upon entry if you truthfully declare the motive of your trip to US you will be denied entry. If you misrepresent yourself - that is, if you lie - you will fall under section 212 below.

http://travel.state....nials_1361.html

INA Section 212(a)(6)©(i) - Fraud and Misrepresentation

What does a denial under INA section 212(a)(6)©(i) mean?

You were refused, or found ineligible, for a visa under section 212(a)(6)©(i) because you attempted to receive a visa or enter the United States by willfully misrepresenting a material fact or committing fraud. This is a permanent ineligibility, so every time you apply for a visa, you will be found ineligible for this reason.

You will be advised by the consular officer if you can apply for a waiver of this ineligibility. Review Can every applicant who is ineligible apply for a waiver? for more information.

What is meant by misrepresentation of a material fact?

Misrepresentation means that you falsely presented facts and were not truthful in an attempt to receive a visa or enter the United States. A fact is considered material, as it pertains to this section of the INA, when, had the truth been known, you would not have been eligible to receive a visa or enter the United States.