Emigrate on a VWP/ESTA

[harry vd 0]

Hi,

I'm planning to go to the USA in about 3 weeks on a ESTA/VWP. I'm married to a American citizen and we just found out we're expecting a baby in July. Once in the States we want to sent in the I-130, I-485, I-693, etc. together. It's not exactly the normal way, i understand. but i called USCIS and read books saying that it's possible. Does anmyone have experience with applying this way? I've love to hear tips and your experience.

Thanks

Harry

[caly 48]

Intent to immigrate on the VWP is immigration fraud and it is against the TOS of this site to advise anyone to commit fraud.

There's a lot of argument about this concept of "preconceived intent" so I don't want to go into that. The fact that you are PLANNING this now is intent enough for me.

Congrats on the pregnancy! I know you desperately want to be reunited, especially with a pregnancy involved. However, I urge you to do this the legal way and go the CR-1/IR-1 route instead. You can still visit on the VWP even after starting the process.

You can start reading up about it here:

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

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

Good luck!

[Boiler 46,124]

Google VWP express. Talk to a lawyer.

[Cathi 5,784]

You cannot come to the US on the VWP with the intent to adjust status and stay, that is immigration fraud and carries a lifetime ban.

[Boiler 46,124]

You cannot come to the US on the VWP with the intent to adjust status and stay, that is immigration fraud and carries a lifetime ban.

and undoubtedly one of the most popular routes. Much more so than a K1 for example.

[VanessaTony 3,567]

What you are planning is illegal. It is immigration fraud to enter the US on a non-immigrant visa with intent to adjust status.

Please follow the correct and legal route of obtaining a spousal visa.

[harry vd 0]

Intent to immigrate on the VWP is immigration fraud and it is against the TOS of this site to advise anyone to commit fraud.

There's a lot of argument about this concept of "preconceived intent" so I don't want to go into that. The fact that you are PLANNING this now is intent enough for me.

Congrats on the pregnancy! I know you desperately want to be reunited, especially with a pregnancy involved. However, I urge you to do this the legal way and go the CR-1/IR-1 route instead. You can still visit on the VWP even after starting the process.

You can start reading up about it here:

Good luck!

During the I-130 petition/ IR1 visa process i wouldnt be able to travel to the USA, would I?

I didn't realize it's illegal to obtain citizenship this way. On the phone USCIS told me it was fine, but then again it's almost like an automated machine answering you. I guess I'll talk to a lawyer to see what are best options are.

Maybe I should just visit under the VWP to be in the States for the actual birth of our baby and the go back to obtain citizenship the legal way.

[caly 48]

During the I-130 petition/ IR1 visa process i wouldnt be able to travel to the USA, would I?

I didn't realize it's illegal to obtain citizenship this way. On the phone USCIS told me it was fine, but then again it's almost like an automated machine answering you. I guess I'll talk to a lawyer to see what are best options are.

Maybe I should just visit under the VWP to be in the States for the actual birth of our baby and the go back to obtain citizenship the legal way.

There is a reason the USCIS hotline is called the misinformation hotline around these parts.

You CAN travel to the US during the process (and many people do!). You would need to show strong ties to your home country at POE (ownership of property, stable job that you are going back to etc). As always, there is no guarantee that they will let you into the US, but that's a chance we all take even under normal circumstances when travelling under the VWP/tourist visa.

Edited January 17, 2013 by caly

[aaron2020 11,651]

During the I-130 petition/ IR1 visa process i wouldnt be able to travel to the USA, would I?

I didn't realize it's illegal to obtain citizenship this way. On the phone USCIS told me it was fine, but then again it's almost like an automated machine answering you. I guess I'll talk to a lawyer to see what are best options are.

Maybe I should just visit under the VWP to be in the States for the actual birth of our baby and the go back to obtain citizenship the legal way.

Being married to a US citizen and immigrating to the US does not get you US citizenship if that is what you are thinking. You would only get US citizenship if you apply for it after having lived in the US for 3 years as a green card holder with your US citizen spouse and it is granted.

Once you immigrate to the US, you would still be a citizen of your country. You would not be a US citizen.

Immigrating to the US and getting US citizenship are completely different things.

Edited January 17, 2013 by aaron2020

[Cathi 5,784]

During the I-130 petition/ IR1 visa process i wouldnt be able to travel to the USA, would I?

I didn't realize it's illegal to obtain citizenship this way. On the phone USCIS told me it was fine, but then again it's almost like an automated machine answering you. I guess I'll talk to a lawyer to see what are best options are.

Maybe I should just visit under the VWP to be in the States for the actual birth of our baby and the go back to obtain citizenship the legal way.

You can visit while your petition is pending. A CR1 does not gain you citizenship, it gets you status as a legal permanent resident, a green card holder. After living in the US as a LPR for 3 years you can apply for citizenship. Congrats on the baby!!

[AmyWrites 593]

I'd do things the right way, apply for the I-130 petition, and since you have VWP you can visit often with no problems!