jayw2

Hi,

My wife (US citizen) and I (UK citizen) have been married for 2 years, 4 months, we got married whilst I was using an ESTA. Now the time has come for me to move to the US and be with her.
Am I allowed to enter the US using the Visa Waiver Program with the intent to adjust my status?
I intend to buy a one-way ticket and tell border control in the US that I am here to become a permanent resident when they ask what I'm in the US for. Is this lawful?
This document seems to say yes: uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf - but I'm not sure.

"Thus, an individual admitted under the VWP who is also an
immediate relative is not precluded from seeking adjustment of status, even after the VWP period
has expired."

Thanks!

Noorah101

Hi and Welcome to BE. You were actually using the VWP. ESTA is just the preclearance to use the VWP.

No.

You can't travel to the USA using the VWP using a one-way ticket. A requirement of using the VWP Is that you must have a return ticket.

It is lawful to tell the POE agent your true intention, yes. Whether he lets you in or not is another story.

Look up the requirements for VWP travel. You will see that it says you must have a residence abroad that you do not intend to abandon. That does not sound like your scenario.

Have your wife file an I-130 towards your IR-1 immigrant visa. Then you can immigrate legally.

Rene

jayw2

Hi Rene,

Do you know how long that takes? (I-130 & IR-1) Can I visit whilst those are processing?

Thanks.

scrubbedexpat099

15 months

Yes

Noorah101

About 12 to 14 months or so.

Yes.

Rene

civilservant

What you are suggesting is not only illegal (entering as a visitor with the pre-conceived intent to remain an adjust) but it guarantees you won't do anything but get sent home on the next plane to the UK and be unable to visit the US while your visa application is processing.

For the love of God, don't do this. The IR1 may take some time, but it's 100% safe as long as you have no adverse criminal or immigration history.

tom169

This. Get in line. Every day you leave it that wait list is growing.