Spouse enter US on Visa Waiver while waiting on I-130?

[nptwnman 0]

Hi all,

I am US citizen who filed an I-130 for my wife back in May. She was originally here with me on a visa waiver but then decided to go back to the UK during the filing process as she needed to do some things there. However, we now want her to come back and re-enter the States on the Visa Waiver Program and then just file for the adjustment of status while she is here vs. being apart and doing the interview through the consulate in the UK.

The other catch is that when she was here at the beginning of the year she overextended her Visa Waiver stay as the volcano delayed her return. So my question is:

What are the chances of her being admitted back into the US on Visa Waiver considering she overstayed her last stay and is in the process of filing for I-130?

What are the consequences to our Green card process is she decides to come back and is rejected admittance?

Any guidance you may be able to provide will be very helpful.

Thanks!

[canadian_wife 1,822]

I'll tell you right now, what your are planning (having your wife enter on the VWP to adjust status) is illegal. It is visa fraud and carries a punishment of a lifetime ban from the US. With a pending I-130 it is clear your wife has immigrant intent. The VWP is for tourists, not for people wanting to circumvent the immigration laws of the US.

If you want your wife to visit, she should bring ties to the UK to show she intends to return - and yes, she must return.

I'll let someone else answer the part about entering on the VWP after an overstay.

Good luck