Filing Abroad Versus After Entry Via ESTA/VWP

[Scooter 0]

For over 10 years, my spouse and I have resided in Japan where USCIS does not have a public counter presence.

We were married in the US and have been married for over ten years.

We have two children with US passports.

Spouse is a Japanese national.

We don't have an address in the USA, so filing with the Chicago Lock-box seems very slow & difficult.

 

Is it possible to initiate the IR-1 process in the USA after Japanese spouse enters the USA via Visa Waiver Program?

 

If it is necessary for me to travel in advance to establish residence, the family will be separated for many months and we would like to avoid this separation.

 

Thank you for your kind advice.

Edited June 6, 2017 by Scooter
Improved clarity.

[millefleur 5,047]

1 hour ago, Scooter said:

Is it possible to initiate the IR-1 process in the USA after Japanese spouse enters the USA via Visa Waiver Program?

That would be visa fraud. You cannot enter on the WVP with the intent to adjust status.

 

1 hour ago, Scooter said:

If it is necessary for me to travel in advance to establish residence, the family will be separated for many months and we would like to avoid this separation.

No, you do not have to return to the US. You can file the I-130 via the Chicago lockbox and continue living in Japan. Then the two of you can move to the US together after your wife gets her visa. You just need to prove your "intent to re-establish domicile" in the US, but this is very straightforward and merely involves gathering a few documents to send in during the process. Moving back first isn't necessary in most cases.

 

You don't need a US address to file via the Chicago lockbox. You just somehow need someone to add a USD money order to your application. Most people do this by having a friend or family member stateside add this to the application and then forward it to Chicago.

Edited June 6, 2017 by millefleur

[Jojo92122 1,924]

Encouraging someone to enter the US on the VWP with the intent to immigrate is a VJ TOS violation.

 

Not getting prosecuted doesn't make it okay or legal.  

 

 

[JFH 12,191]

25 minutes ago, Jojo92122 said:

Encouraging someone to enter the US on the VWP with the intent to immigrate is a VJ TOS violation.

 

Not getting prosecuted doesn't make it okay or legal.  

 

 

Exactly! Just because authorities lack the resources to investigate every case does not mean it's ok to do it. On my way to work every morning at 5 am at least 30 cars pass me whilst I am doing exactly the speed limit. Just because the police don't bother/don't have the manpower to post patrols all along that road to catch them and just because they are "only" doing 5 or 10 over does not make it right. 

[millefleur 5,047]

Most people don't know that having pre-planned immigrant intent on the VWP would be considered fraud in the US. It's rather counter-intuitive considering that a lot of other countries do not care if you enter on a tourist visa/WVP and "adjust status" there. In Japan, for example, you can enter on the WVP and "adjust status" no problem.

 

Besides, if the OP is currently residing in Japan I see no reason for him to move back to the US until his wife has a visa. They can just continue living together there during the IR-1 process. If that's an option for them, it might be the best if they want to stay together. He's certainly in a better situation than some couples on VJ who physically can't be together during this process.

[Scooter 0]

5 hours ago, millefleur said:

 

I didn't say it's impossible, I just said it was fraud.  Or am I wrong? Because I've never seen anyone on VJ say that it wasn't.

I'm sorry to report that, for the sake of brevity, I did not provide all details regarding our life situation.  Like many times in the past, we are in the States now on vacation and we came with the intention of visiting family and experiencing American culture.  During our visit, we have become aware of opportunities that we are interested in pursuing while living on the east side of the Pacific. 

 

Cheers

[geowrian 22,338]

If you're already in the US, you can file for AOS. If not, then it is visa fraud to try to enter the US with the intent to stay.

 

Once AOS is filed, your wife cannot leave the US (without abandoning AOS likely needing a CR-1/IR-1 visa to re-enter) until she gets AP or the green card. She also cannot engage in any work until she has an EAD or green card.

[Ryan H 3,834]

~~~Closed for review~~~

 

***One post violating the below quoted provision of the TOS removed along with several other posts that quoted and/or belabored said post.  Additionally, this thread will remain locked to additional discussion under the same TOS provision.  The OP is free to start another thread for questions on legal options as it pertains to their personal circumstances.***

 

By way of example, and not as a limitation, you agree that when using the Service, you will not:

• Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

Edited June 6, 2017 by Ryan H