Can Adjustment of status be done whilst in the US on esta VWP?

[Nida.f 2]

My i130 got approved yesterday and I am currently visiting my husband in the US whilst on a esta Visa Waiver Program. Can I apply for adjustment of status? Or do I have to go back?

[Harpa Timsah 13,258]

You can Adjust Status. It is a lot more expensive though and you won't be able to work or travel for months.

Edited May 9, 2013 by Harpa Timsah

[speedwell 224]

NO. The I-130 is evidence that you intended to immigrate. DO NOT adjust status now. Adjustment of status from the VWP is only for those WITHOUT immigrant intent. You could get in trouble.

[newacct 688]

NO. The I-130 is evidence that you intended to immigrate. DO NOT adjust status now. Adjustment of status from the VWP is only for those WITHOUT immigrant intent. You could get in trouble.

No, the existence of an I-130 for them does not mean they intended to immigrate on this entry. Plenty of people visit on I-130.

Edited May 9, 2013 by newacct

[speedwell 224]

No, the existence of an I-130 for them does not mean they intended to immigrate on this entry. Plenty of people visit on I-130.

Yes, people visit on I-130s. My husband visited me. He got plenty of questions about whether he intended to stay, and he had to prove he was going to return at the end of the trip.

The terms of the VWP are that you have nonimmigrant intent. That means you have to go back, or you basically show that you intended to stay. I am not budging on this. The potential consequences are too serious.

[JohnR! 5,495]

My i130 got approved yesterday and I am currently visiting my husband in the US whilst on a esta Visa Waiver Program. Can I apply for adjustment of status? Or do I have to go back?

If you are asking whether the approval of your I-130 means you can stay and AOS, the answer is no. The I-130 was approved and the next step involves the consulate in your home country sending you instrusctions as to what to do next. That is the correct process which to follow.

However, if you are currently stateside and have decided to AOS here, you have that prerogative, so long as you remember that entering the US on VWP with the intention to AOS is considered immigration fraud, a serious offense. It all depends on the reason you gave the CBP officer when you entered the US, as to the motive of your visit. You must also bear in mind that attempting to AOS stateside and bypassing the established procedures may set off a red flag and your process may be subjected to deeper scrutiny by the USCIS.

Good luck whatever your decision!

[speedwell 224]

If you are asking whether the approval of your I-130 means you can stay and AOS, the answer is no. The I-130 was approved and the next step involves the consulate in your home country sending you instrusctions as to what to do next. That is the correct process which to follow.

However, if you are currently stateside and have decided to AOS here, you have that prerogative, so long as you remember that entering the US on VWP with the intention to AOS is considered immigration fraud, a serious offense. It all depends on the reason you gave the CBP officer when you entered the US, as to the motive of your visit. You must also bear in mind that attempting to AOS stateside and bypassing the established procedures may set off a red flag and your process may be subjected to deeper scrutiny by the USCIS.

Good luck whatever your decision!

Thank you, Gegel. Here in Houston I hear way too many people saying their neighbor's gardener's sister's husband was able to do this or that thing to bypass the rules and stay in the US. My gut feeling is they're trying to cover up an illegal entry or overstay with a plausible story.

[JohnR! 5,495]

Thank you, Gegel. Here in Houston I hear way too many people saying their neighbor's gardener's sister's husband was able to do this or that thing to bypass the rules and stay in the US. My gut feeling is they're trying to cover up an illegal entry or overstay with a plausible story.

I am sure you are spot on. The truth is that many succeed with AOS even if they entered the country under false pretenses, but every once in a while the USCIS will send someone packing back home, to wait for the process to run its course. It is all a matter of how much appetite for adventure one has...

[newacct 688]

Yes, people visit on I-130s. My husband visited me. He got plenty of questions about whether he intended to stay, and he had to prove he was going to return at the end of the trip.

The terms of the VWP are that you have nonimmigrant intent. That means you have to go back, or you basically show that you intended to stay. I am not budging on this. The potential consequences are too serious.

Right so you agree that the OP could have had no immigrant intent.

[speedwell 224]

Right so you agree that the OP could have had no immigrant intent.

It doesn't matter what I think. It only matters what the Immigration people think.

[Nida.f 2]

Thanks for the reply people, ok safer to just go back at the end of my visit and wait for London to contact me regarding interview and medical etc.

[Harpa Timsah 13,258]

It doesn't matter what I think. It only matters what the Immigration people think.

No, that's not true. Intent by itself is not enough of a negative factor to deny an AOS. And to deny USCIS would need proof of misrepresentation at the border, not a hunch or a feeling.

Plans could change and the OP is in the US now legally and so can AOS.

But, it looks like she realized it's more expensive and slower now that her I-130 is approved.

[Ryan H 3,834]

Moved from IR-1/CR-1 Progress Reports to Adjustment of Status from Work, Student, & Tourist Visas forum; topic is not a case status update. OP was asking about the AOS process even though they ultimately decided to continue with the visa process.

[Ally12 4]

Yes you can adjust from vwp, as long as you didn't intend to immigrate when arriving in the US.

Edited May 11, 2013 by Ally12

[ImmemorialN 7]

Agree with all the above. You can adjust status now, presuming when you were admitted you had no immigration intent for this visit. However, be prepared to answer questions on that if you decide to go ahead.