Very concerned. Please help my family. WT status instead of b1/b2

[SCC2018 1]

 

I’m a USC. Married my wife and have a 3months old child in the states. 

I’m trying to file paper work for my wife who is on a WT (visa waver program) into the US. I thought she was on a b1. Also, she over stayed.

After gathering all the paper works, I was told by a local “professional” that he couldn’t help me anymore because my wife was on a WT. she cannot get a green card. he told me to find a lawyer..... 

I read from 2 sources so far that is telling me differ

1. Visa waver program can’t “never” change status. 

2. VWP Changing status are “permitted” with immediate relatives of us citizen.

 

We are worried & confused...what’s gonna happen? can she file for green card? 

Please help with your expertises 

thank you in advance.

 

 

 

[mushroomspore 3,044]

Where do these "lawyers" come from? If you search "AoS from VWP" on this website, you will find many threads of people who have done so successfully. There is also an entire sub-forum category called "Adjustment of Status from Tourist, Work & Student Visas".

Edited December 29, 2018 by mushroomspore

[mushroomspore 3,044]

These same questions were answered in your old thread, btw...

 

 

 

[Boiler 45,525]

It has been a year since that last thread and seemingly nothing has been done.

 

Does beg the question how you would be unaware of whether you used the VWP or B? I assume B2,  B1 is for business purposes.

[mushroomspore 3,044]

Yup, wife could've had her EAD by now.

[SCC2018 1]

On 12/29/2018 at 12:13 PM, Boiler said:

It has been a year since that last thread and seemingly nothing has been done.

 

Does beg the question how you would be unaware of whether you used the VWP or B? I assume B2,  B1 is for business purposes.

It really took a lot longer than we expected. We had to gather all of the require documents from over seas it was really pain in the behind. Just getting her birth certificate took several months because she was born in a small village in Vietnam and some of the documents needs the actual person present. 

I actually over looked on her passport, I’m not an expert I “assumed” she came in with a tourist visa ( I didn’t know the Visa Waiver Program existed) that was my mistake 😕

[mushroomspore 3,044]

On 12/30/2018 at 3:41 PM, SCC2018 said:

It really took a lot longer than we expected. We had to gather all of the require documents from over seas it was really pain in the behind. Just getting her birth certificate took several months because she was born in a small village in Vietnam and some of the documents needs the actual person present. 

I actually over looked on her passport, I’m not an expert I “assumed” she came in with a tourist visa ( I didn’t know the Visa Waiver Program existed) that was my mistake 😕

VWP is pretty much "tourist status" (but it is not the same as a tourist visa, just to be clear) so it doesn't affect anything. It matters even less at this point since your wife has been out of status for a while. All info is in the guide. The sooner you file, the better.

Edited January 1, 2019 by mushroomspore