married in us, left,then returned on vwp. Can i file a I-130 and adjust in US?

[Cathi 5,760]

Why are you still digging for more information even after all of your questions have been answered over and over and over???? SERIOUSLY!!!! Be like everyone else and just wait for the I130 and CR1 visa to run it's course? No one can answer with 100% certainly what will happen when she tries to enter on the VWP, but there is a very GOOD likelihood she will not be allowed in. If she is denied entry they will revoke her VWP on the spot and she will never be able to use it again, ever. If you think that members here believe your hypothetical questions you are sadly mistaken. Even after people told you what would happen, you are still intimating that she is still going to try to enter on the VWP. Suit yourself, try it, but when she is put on the next plane back to where she came from with her tail between her legs, don;t come back looking for sympathy. Good LORD are what will it take before you understand what you are planning to do is taking a HUGE chance? SMH

[christeen 966]

If she is denied, she is put on the next flight back to her home country... No charge. Also no hotel as she will be "accompanied" by a uscis official till she is boarded. If denied, she will NOT be able to enter on VWP ever again, only tourist visa...

[A & C 22]

I am probably going to get in 'do do' for posting this....

But really....

What happened to people being able to come to this forum and ask questions?! Regardless of them being hypothetical, or asked repeatedly, or even answered 1000 times over..... Or even asked in a different round about way?!

If you don't have anything NICE to say then DON'T say anything at all....

Quite frankly I am a little embarrassed at how mean some of these posts in this thread are....

This kind of thread and the posts in it are one of the many reason I chose NOT to make threads or ask questions.... Because some people are SO MEAN

[christeen 966]

I think that for many of the senior members who have been here a while, after a lot of time answering seemingly the same questions it gets aggravating at some point... And some posters can be a little "thicker headed " than others... So people snap sometimes... Don't take anything too personally and take the consensus. But the OP should at this point have the general idea that they made an error and this will cost them time and money, but as long as they understand that at this point there is ABSOLUTELY NO MORE "grey" area and they must play by the rules, and by doing so, they should be able to complete the legal process... However visitation might be an issue. My suggestion would be for the OP to plan on spending some time in his spouses country if they want to pass the time together as VWP is a long shot.

[healthteacher 18]

Actually I've seen plenty of posts in here with people stating that they entered on VWP multiple times to visit a spouse,were honest about their plans, and had no problems,even when they had CR-1 petitions pending.Then there are the know it all types who seem to like to accuse people of fraudulent intentions every chance they get.So sometimes it pays to ask and get different viewpoints.What the heck is a forum for anyway.

[Harpa Timsah 13,258]

You admit you have been shopping for answers because the correct one is the one you didn't want to hear. That frustrates me because I helped you from the very start with your AOS. I wish you had asked once your spouse left the country and we could have helped get you on the right track, by not withdrawing the I-130.

People who visit with CR-1 pending didn't already try to AOS on the VWP.

[Hypnos 6,576]

There are people who ask genuine questions, and then there are others who have particular answers that they want and phrase their questions accordingly. They sometimes create new screen names in order to obfuscate the process, too.

[A & C 22]

Actually I've seen plenty of posts in here with people stating that they entered on VWP multiple times to visit a spouse,were honest about their plans, and had no problems,even when they had CR-1 petitions pending.Then there are the know it all types who seem to like to accuse people of fraudulent intentions every chance they get.So sometimes it pays to ask and get different viewpoints.What the heck is a forum for anyway.

I think that despite the fact that some people have shown their obvious frustration in their posts. They have all been honest in trying to answer your questions. There really is no round about way of being with your spouse sooner rather then later, if you want this all done legally. My thought is, you now have many different answers to your question(s) so I would continue to research to see what your best options are... Like starting from scratch... Or hire an Immigration lawyer.

I don't claim to know everything about all this immigration stuff. But I do know that if there was a round about way where we could all be with our loved ones SOONER, we would be on it like a hot damn. Correct me if I am wrong, but that's what it seems like is going on here is trying to find a way around all the TIME of not being together....? Legally we all must wait.... I haven't seen my husband for 7months. There are others on these forums who have gone A LOT longer than that.... It is what it is...

[christeen 966]

Actually I've seen plenty of posts in here with people stating that they entered on VWP multiple times to visit a spouse,were honest about their plans, and had no problems,even when they had CR-1 petitions pending.Then there are the know it all types who seem to like to accuse people of fraudulent intentions every chance they get.So sometimes it pays to ask and get different viewpoints.What the heck is a forum for anyway.

But I would venture to guess that "they" ( the people you reference ) did not already try to AOS before.... I personally was married for 7 years before husband filed for GC and he came 3x a year VWP to visit.. And yes, he returned to Italy to complete the process in Italy, we did not AOS as i did not want to risk any bans.

however, You are free to try for her to visit, but be ready with plan B. she is not longer able to AOS from the VWP, that ship has sailed already for you I am afraid and you missed your chance... File and wait it out, try to get her here for a visit (for 90 days, not to stay) and if successful, she goes back to her country to complete the process... That looks like ur only safe route at this point. Sorry if not the answer you want, but Best of luck with your journey

[Merrytooth 5,748]

I guess OP has already made up his mind on how to proceed but just want the members here to "validate" his choice

[C-ma'am 684]

**Post moved from AOS from Work, Student or Tourist visas to General Immigration Related Discussion

[healthteacher 18]

Nope not "shopping" for answers, just like to hear all viewpoints.I appreciate everyones attenpts to explain. I do understand what was said about attempting to AOS while previously on VWP and why this could be a reason not to try entering again on VWP

The fact that we voluntarily withdrew all our petitions after a month doesnt matter-she cannot ever enter on VWP again?OK thanks for letting me know.

[belinda63 3,038]

She might be able to enter on the VWP, you won't know unless you try. But anyone entering the US is consdered an intending immigrant unless they prove otherwise. The Fact that your wife already entered once on the VWP and attempted to immigrate would lead one to believe she will attempt it again. What reason would they have to think otherwise? All you are being warned of is the potential that if she attempts to enter on the VWP she could be denied entry. If she is denied entry she can never use the VWP again.

Yes they can look in the computer when she attempts entry and see that the paperwork for her to obtain a green card was previously filed.

Just file the I-130 and start all over. Nothing left to discuss.

[AnotherLostSoul 167]

Honestly OP, I would forget about this VWP thingie at this point. Don't even try that route. Just have her apply for a tourist visa, if you want her to visit. However, if you guys can bare to be apart for a while, then straight file for CR-1 visa for her....just my opinion, man. I don't think VWP route worth to risk at this point. If she's lucky, she can get in, but if she isn't, she'll have to turn right around and go back. And that will also might worsen her situation to apply later for a tourist visa.

[B & G 200]

Coming from VWP country it will be extremely hard for the spouse to get a tourist visa. Question that the embassy is going to ask is "you say you want to visit.. you have 3 months on the VWP, isnt that enough? Why do you need a 6 month tourist visa?"

Embassy will dig deeper in their checks when a person with VWP passport applies for a B1/B2 visa. As soon as they realise that she tried to AOS on her last trip, I'm 99.9% sure the tourist visa will be denied.

Im pretty sure even the application for the ESTA will be denied too. With no approved ESTA, the spouse wont even be able to board an aircraft to the US let alone arrive there.

To the OP. Unfortunately, you are scratch out of luck on getting your spouse to even come for a visit. Best you can hope for is filing like the rest of us. The long and right way!

As seeing your spouse, your options are either their home country or a third country eg. Canada..