Enter the states with VWP is that possible ?

[JohnR! 5,495]

it is not my lawyer i only found this in the net

but how i can make sure now with my visa without getting into trouble , my husband will not be around and i can not do it here in germany anymore without him that is my big problem i have because the consulat explained to me my sponsor is not here anymore and he must sign but he can not , so he has to do it for me in states ?

what he must file ?

how much it will cost

and how long it will take

what about my kids can he also file for them i think not right

thank you for the informations i only posted what i found sorry and i noticed some ppl here on this site you can look it up try it with the VWP way i am not the one who want to be illegal in the states nope and i dont want to be kicked out only of this , for this i love my husband to much

Your husband has to start the process. Below is a link from the Dept of State detailing the process:

http://travel.state.gov/visa/immigrants/types/types_1306.html

[NigeriaorBust 4,087]

Had your husband filed while he was still in Germany you would have been fast tracked.

He will need to file an I130 for each of you. The process varies a bit by country so someone else will probably tell you a better timeline.

Your children will need permission from their biological father if he is on the birth certificates. If they are your USC husbands children you will need to get them US passports to travel on .

[Xochitl84 0]

Check out the following links. They are very helpful!

How to bring your foreign spouse to the US

and

EZ Guide Spouse

The information is very overwhelming at first but once you read through it a couple of times, you will understand the process a lot better.

[JimVaPhuong 4,863]

You're not paying attention to the stuff you're posting:

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.

...

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.

Please note that if you enter the U.S. under the VWP when already married to a U.S. citizen or if you marry shortly after admission, the Immigration Inspector may regard your entry as fraudulent (i.e., that you misrepresented your actual intent upon admission). This could result in problems with a subsequent adjustment of status application. You should seek legal advice if you intend to adjust your status based on marriage after entry under the VWP.

Nobody is saying it's not possible. In fact, there's a specific exception in the law that allows adjustment of status for people who enter using the VWP only if they are adjusting status based on being an immediate relative of a US citizen. That exception does not excuse the prohibition against preconceived intent. In every lawyer blog example you've cited the circumstances were specifically involving someone who did not intend to immigrate, and their circumstances changed after they entered the United States. USCIS is going to want to know what was the bombshell that happened after you entered the US that caused you to change your mind and decide to become an immigrant. If you can't explain this then they are free to conclude that you planned it before you came to the US.

Normally, preconceived intent isn't enough to deny adjustment of status. The BIA determined back in the 1980's that preconceived intent was a serious negative factor, but that it wasn't enough by itself to outweigh the positive factor of being an immediate relative of a US citizen. For most people, if they suspect preconceived intent then they'll look for something else more serious that they can use to deny, such as evidence the alien misrepresented their intent to an immigration officer.

Things are dramatically different for someone who enters using the VWP. The ESTA rules require that you waive all rights to appeal any decision by an immigration officer. This means that the IO is God. Any decision they make is not subject to review by anyone else - not a supervisor, not an immigration judge, not the Supreme Court, not even the President. Their decision is final. They can deny your adjustment of status, order you deported, and immediately have you placed into ICE custody for removal. There would be virtually nothing you could do to stop it.

Finally, it's well established that preconceived intent is illegal. The terms of service of this site include a prohibition against any member recommending any other member do anything that is contrary to the law. Even if somebody thought you had a good chance of getting away with this, they could not recommend you do it because it's not legal.

[armywiffy 0]

You're not paying attention to the stuff you're posting:

Nobody is saying it's not possible. In fact, there's a specific exception in the law that allows adjustment of status for people who enter using the VWP only if they are adjusting status based on being an immediate relative of a US citizen. That exception does not excuse the prohibition against preconceived intent. In every lawyer blog example you've cited the circumstances were specifically involving someone who did not intend to immigrate, and their circumstances changed after they entered the United States. USCIS is going to want to know what was the bombshell that happened after you entered the US that caused you to change your mind and decide to become an immigrant. If you can't explain this then they are free to conclude that you planned it before you came to the US.

Normally, preconceived intent isn't enough to deny adjustment of status. The BIA determined back in the 1980's that preconceived intent was a serious negative factor, but that it wasn't enough by itself to outweigh the positive factor of being an immediate relative of a US citizen. For most people, if they suspect preconceived intent then they'll look for something else more serious that they can use to deny, such as evidence the alien misrepresented their intent to an immigration officer.

Things are dramatically different for someone who enters using the VWP. The ESTA rules require that you waive all rights to appeal any decision by an immigration officer. This means that the IO is God. Any decision they make is not subject to review by anyone else - not a supervisor, not an immigration judge, not the Supreme Court, not even the President. Their decision is final. They can deny your adjustment of status, order you deported, and immediately have you placed into ICE custody for removal. There would be virtually nothing you could do to stop it.

Finally, it's well established that preconceived intent is illegal. The terms of service of this site include a prohibition against any member recommending any other member do anything that is contrary to the law. Even if somebody thought you had a good chance of getting away with this, they could not recommend you do it because it's not legal.

I did not say that I want to do it that way it was a question because I did read everything here in this forum about moving to states which form you have to file and so on , i do know maybe there are some ppl who use this VWP way to move and immigrant

I know for sure that i can not do that because of my kids I have to go the regular way to make sure also I know it takes time

But i needed to ask how to make the visa I 130 when I am not with my husband , I did got the information that he has to file it for me then in states

I also read the stuff good enough I posted and noticed that if you travel to states to visit your love there and do not think first to stay there and immigrant sure I did

And I agree that it is not legal to post things here explain others how to make it immigrant with VWP , but as I said i also noticed that here are ppl in the forum who try it this way and ask a lot questions about this and get also a lot answers about it , so the once who answering did it may this way who knows at last I do not care because everyone make his own decisions and I think I am not wrong with this

Edited July 28, 2012 by armywiffy

[Moomin 292]

I did not say that I want to do it that way it was a question because I did read everything here in this forum about moving to states which form you have to file and so on , i do know maybe there are some ppl who use this VWP way to move and immigrant

I know for sure that i can not do that because of my kids I have to go the regular way to make sure also I know it takes time

But i needed to ask how to make the visa I 130 when I am not with my husband , I did got the information that he has to file it for me then in states

I also read the stuff good enough I posted and noticed that if you travel to states to visit your love there and do not think first to stay there and immigrant sure I did

And I agree that it is not legal to post things here explain others how to make it immigrant with VWP , but as I said i also noticed that here are ppl in the forum who try it this way and ask a lot questions about this and get also a lot answers about it , so the once who answering did it may this way who knows at last I do not care because everyone make his own decisions and I think I am not wrong with this

To me it sounds like you're searching for information that'll agree with you. The links you provide aren't from USCIS. You're welcome to read INA however Jim is good at summing up the important points of those laws.

No, there are peple in this forum who visited and circumstances changed, not before entering the US but after entering. They had unfinished buisiness to take care of in home countries still. Generally, they didn't plan on moving to the US before buying plane ticket, boarding plane or setting foot on US soil. You have, and that's the deal breaker.

You're asking people on a forum who would've given their right arm not to wait months to be together. however, misrepresentation won't age out. 20 years down the road, even after you become a US citizen, your status may be revoked and you're deportable if the information ever surfaced. Not that it will, just that it can. It takes about one kiddo to say a few things at their interview, eg. "mommy had already packed everything and sold the car before we got here".

Do yourself, your kids and husband the favor of giving it those extra months of waiting rather than sneaking your way through immigration. You'll have to face USCIS sooner or later. IMO, I'd prefer having the interview in home country and having nothing to hide, and nothing that could jeopardize my chances of being with my husband.

How long have you been married?