Start CR-1 or try VWP+AOS?

[Brock Berrigan 0]

Apologies in advance if I'm not following conventional decorum with this post. 
I really appreciate that there is a community out here that is so dedicated to helping each other. 

I'm a US citizen and my wife is Taiwanese. 
We think we will move to the US next year. 
We will visit the US in November of this year (2021) hopefully. 
We have done some research and learned about VWP+AOS recently. 

While we wait to travel, is it wiser to start the CR-1 process now (i.e. file I-130) or just wait till we're actually ready to move and just go the VWP+AOS route?

Are there other considerations that I'm missing?

Any and all help/advice/experiences are highly appreciated! Thank you!

Edited August 19, 2021 by harrch

[HRQX 4,145]

31 minutes ago, harrch said:

or just wait till we're actually ready to move and just go the VWP+AOS route?

Preconceived intent to AOS from VWP is illegal.

 

At POE, she must be honest with the CBP officer and the officer will deny her entry as inadmissible for being an intending immigrant without a visa that permits immigrant intent; see INA 212(a)(7)(A)(i)(I).

[Ontarkie 14,226]

~~MOved to IR1/CR1 P&P, from DCF~~

[Brock Berrigan 0]

1 hour ago, HRQX said:

Preconceived intent to AOS from VWP is illegal.

 

At POE, she must be honest with the CBP officer and the officer will deny her entry as inadmissible for being an intending immigrant without a visa that permits immigrant intent; see INA 212(a)(7)(A)(i)(I).

Got it. Thank you!

So the emphasis is on intent if I'm understanding this correctly. 

[SalishSea 17,836]

1 minute ago, harrch said:

Got it. Thank you!

So the emphasis is on intent if I'm understanding this correctly. 

You already have immigrant intent.   To state otherwise at POE would be a lie.   
 

Do it the honest way and join the queue like everyone else.

[Brock Berrigan 0]

2 minutes ago, Jorgedig said:

You already have immigrant intent.   To state otherwise at POE would be a lie.   
 

Do it the honest way and join the queue like everyone else.

Thank you!

So, AOS after VWP is only legal for spouses who entered with tourist intent, but then changed their mind about where they want to live?

[SalishSea 17,836]

Just now, harrch said:

Thank you!

So, AOS after VWP is only legal for spouses who entered with tourist intent, but then changed their mind about where they want to live?

 Or their circumstances changed.   Or more commonly, someone here on the VWP unexpectedly meets someone and marries.

 

It will not work in your situation.   You need to petition her for a spousal visa.

 

Would you really want to risk her being sent home at the port of entry in order to avoid waiting your turn?

[Brock Berrigan 0]

1 minute ago, Jorgedig said:

 Or their circumstances changed.   Or more commonly, someone here on the VWP unexpectedly meets someone and marries.

 

It will not work in your situation.   You need to petition her for a spousal visa.

 

Would you really want to risk her being sent home at the port of entry in order to avoid waiting your turn?

Got it.

What do you mean by risk being sent home at port of entry?

[SalishSea 17,836]

Just now, harrch said:

Got it.

What do you mean by risk being sent home at port of entry?

Well, they will ask questions as they do of every traveller who requests to be admitted to the United States.   And if they feel she’s a risk for violating the terms of her ESTA (like to stay and adjust/overstay/work), they can send her back on the next flight home, and that’s the end of her VWP privileges.   

[Brock Berrigan 0]

1 minute ago, Jorgedig said:

Well, they will ask questions as they do of every traveller who requests to be admitted to the United States.   And if they feel she’s a risk for violating the terms of her ESTA (like to stay and adjust/overstay/work), they can send her back on the next flight home, and that’s the end of her VWP privileges.   

I see. Thanks!

So, do you mean to say that VWP is a risky way to enter the country? Or should we try to get a tourist visa? 

Thanks for your attention and insight btw!

[HRQX 4,145]

2 minutes ago, harrch said:

What do you mean by risk being sent home at port of entry?

CBP could deny based on the legally mandated presumption of immigrant intent: "shall be presumed to be an immigrant until he establishes to the satisfaction of ... the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101(a)(15) of this title." INA 214(b)

 

An example:

[SalishSea 17,836]

2 minutes ago, harrch said:

I see. Thanks!

So, do you mean to say that VWP is a risky way to enter the country? Or should we try to get a tourist visa? 

Thanks for your attention and insight btw!

It’s not risky if it is used for a legitimate visit.    

[Brock Berrigan 0]

3 minutes ago, HRQX said:

CBP could deny based on the legally mandated presumption of immigrant intent: "shall be presumed to be an immigrant until he establishes to the satisfaction of ... the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101(a)(15) of this title." INA 214(b)

 

An example:

Thanks for the example and @Jorgedig for your response.

My understanding is that this is a possibility for any and every foreigner entering the U.S. Am I mistaken?

Thank you!

[SalishSea 17,836]

Just now, harrch said:

Thanks for the example and @Jorgedig for your response.

My understanding is that this is a possibility for any and every foreigner entering the U.S. Am I mistaken?

Thank you!

Some are entering with immigrant visas (spousal) or K-1, which is dual-intent.   Their intention is to stay, and the law provides for this.
 

CBP is required to question the intent of those entering on non-immigrant visas or visa waiver.

[Brock Berrigan 0]

9 minutes ago, Jorgedig said:

Some are entering with immigrant visas (spousal) or K-1, which is dual-intent.   Their intention is to stay, and the law provides for this.
 

CBP is required to question the intent of those entering on non-immigrant visas or visa waiver.

Understood, thanks!

If I have specific questions about starting the CR-1, is it customary on this forum to start a new thread or continue here?