My wife is visiting,can we adjust in US?

[senorappliance 0]

My wife and I married last year in Germany.She arrived last month for a visit (VWP), but now doesnt want to go back as planned.Now that she is here, is there any way she can adjust status in US?

[CC90 90]

Unfortunately, yes.

[Dave&Roza 748]

My wife and I married last year in Germany.She arrived last month for a visit (VWP), but now doesnt want to go back as planned.Now that she is here, is there any way she can adjust status in US?

Please have a read of this thread. To come to the US using a non-imigrant visa or the VWP and remain in the US as an immigrant is fraud plain and simple. Can you adjust her status? The immigration laws of the US allow for someone married to a USC to file the AOS while still in the US as long as they did not have the intent of violating the above. So now you get to examine the word intent and how do you or the USCIS prove intent. Careful here as the USCIS can make a judgment and it is up to you to prove that you did not intend to remain in the US and file for AOS when she arrived using the VWP. Good luck with that. This is the sole reason the OP in the other thread is being told that his wife will have a hard time visiting on the VWP or a tourist visa because ot what you and your wife are contemplating.

File the damn I-130 form and do it the proper way so you do not have to be looking over your shoulders wondering if this is when the USCIS will determine that you violated immigration law by AOS when she came on the VWP and now she is banned form the US and you have kids, a home, and all that. Sorry to be blunt, but I had to indur several months of my wife not being in the US and her ability to visit was not as easy as someone from the EU. And this is the second such post in as many days.

Dave

Edited June 24, 2013 by Dave&Roza

[senorappliance 0]

I have talked to several immigration lawyers about this,They all said yes, you can do this,but wait 60 days after entering to file the papers, because that is almost always enough to eliminate the fraud question.

[CC90 90]

I have talked to several immigration lawyers about this,They all said yes, you can do this,but wait 60 days after entering to file the papers, because that is almost always enough to eliminate the fraud question.

If you know everything, what do you need our help for?

[Harpa Timsah 13,258]

I have talked to several immigration lawyers about this,They all said yes, you can do this,but wait 60 days after entering to file the papers, because that is almost always enough to eliminate the fraud question.

Those lawyers are wrong.

[newacct 688]

My wife and I married last year in Germany.She arrived last month for a visit (VWP), but now doesnt want to go back as planned.Now that she is here, is there any way she can adjust status in US?

Only if she planned to go back when she entered the U.S.

[ValerieA 350]

Yes, you can. In the thread referenced above, it was theorized the OP would have a problem because they filed an I-130 then withdrew it. There is no problem adjusting from VWP. The lawyer you talked to was wrong because there is no 30/60/90 day rule. You can file the papers as soon as you want. Intent can not be used as a reason to deny, so even if they are suspicious, it would take serious other negative factors to deny your case. Guide is here: http://www.visajourney.com/content/i130guide2

[ValerieA 350]

Yes, you can. In the thread referenced above, the OP's spouse was not currently in the country. There is no problem adjusting from VWP. The lawyer you talked to was wrong because there is no 30/60/90 day rule. You can file the papers as soon as you want. Intent can not be used as a reason to deny, so even if they are suspicious, it would take serious other negative factors to deny your case. Guide is here: http://www.visajourney.com/content/i130guide2

ETA better explanation of prior thread, which I totally screwed up.

Edited June 26, 2013 by ValerieA