liamthepianist

Hi there
I'd really appreciate opinions, advice, thoughts etc.
Basically, I am married to a US citizen. We were married in the U.K. I have been to the US twice over two years on the waiver. I have applied for spousal visa, however it seems I might actually be able to go to the US and, whilst on my waiver, apply for a green card/adjustment of status and bypass the visa to stay and work legally in the US...we feel we may just have wasted thousands getting to where we are now (the wait for approval of the visa).
If anyone has experience or knowledge which could help us here, please do chime in!
Many thanks

christmasoompa

Hi, and welcome to BE.

I'm no expert, but I thought that was illegal? But the pros will be along shortly, just wanted to say hello and welcome, and best of luck. You'll get some great advice here.

liamthepianist

Thanks so much for your response!
There are so many websites saying that immediate relatives can do this, and the USCIS has been approving it (even websites where these sorts of posts are dated March of this year).

liamthepianist

From the USCIS website -
https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter7.html

C. Visa Waiver Program​s​
​
A foreign national admitted as a nonimmigrant without a visa under a Visa Waiver Program is barred from adjustment of status.​ [8] Similarly, a foreign national admitted as a nonimmigrant without a visa to Guam or to the CNMI is barred from adjustment of status.​ [9] These bars do not apply, however, to those seeking to adjust status as an immediate relative of a U.S. citizen or VAWA-based applicants.​

Noorah101

If you had already been in the USA as you typed this, with no prior intent to immigrate, maybe. But you are doing things the right way, no worries and no money wasted.

Rene

Pulaski

Adjustment from a VWP has risks and isn't guaranteed or automatic; it also costs money, and quite possibly legal fees, so isn't a cheap alternative.

I recommend that you rest easy, knowing that you took the easy, low stress route.

Rete

You state that your spouse has already filed the I-130 for your immediate relative visa, not you. So with the time and money already expended why in heaven's name would you not only throw that money away but run the risk, no matter how minor, of coming to the US under the VWP, remaining and applying to adjust status?

Actually, I would amend that to read a much higher risk since they will see that the I-130 has already been filed for you so your intent is clearly evident to the authorities?

You will have the rest of your lives to live together as a married couple. What difference will a few months apart mean in the whole of that life. Besides you can visit your spouse in the US and they can visit you in the UK while the process is pending. Instant gratification does not usually live up to expectations. Learn a little patience.

ian-mstm

The issue is one of intent. If you honestly don't have the prior intent when you enter then it's okay. If you do have the prior intent then it's not okay. Since you've already started the process, you can't honestly say you don't have the prior intent. So, if the issue comes up at the adjustment interview, how can you prove you didn't have the prior intent? Answer = you can't. Many people aren't asked the question and so adjust successfully. Some people are asked the question... and that's when things go belly up very quickly - to the point where it is usually not possible to recover. In those cases, you'd best hope your spouse wants to live in your country because you won't be living together in the US!


What you won't read on the website, is that it is illegal to enter the US as a visitor with the prior intent to stay to adjust status.

Ian

Twinkle0927

You mention "work" and "thousands of dollars". The petition is $525 and if that's all you've done so far I fail to see where "thousands of dollars" have been wasted. You do know that AOS (adjustment of status) costs the best part of $1500 and there will be no refund or credit for the money already spent? And you won't be able to work from the minute you land until you have either your EAD or green card - the EAD is taking in excess of 90 days at the moment and green cards up to a year for people who are AOSing. So that's even more money you will have thrown away in lost wages that you could have earned if you'd remained in the U.K. and completed the process and the fact that with the CR-1/IR-1 you become a permanent resident the second the stamp at the airport touches your passport and with that you can work immediately - right there in the airport if you so wish!

Now, if - despite all our advice to the contrary - you still go ahead with this plan and you land at the airport on the VWP and the CBP officer asks "how long are you staying?" (I have been asked this on every of my 40+ VWP entries bar one) how will you answer?

liamthepianist

Hi there

Many thanks to all for the replies. I am so grateful. I will indeed be very patient and stay in the UK. I certainly do not wish to get into any trouble. And of course, I wish to use all the letters after my name

To the person asking about thousands of dollars, it all adds up when you've used an agency!! Thanks for your input anyhow...

ian-mstm

With respect, paying an agency was a really stupid thing to do.

Ian

Noorah101

Never use an agency! If you really need assistance, only use a qualified immigration attorney.

Rene

liamthepianist

Thanks
We're just happy it was ok done properly!
All the best now

Noorah101

You don't have to stay in the UK. You are allowed to visit the USA using the VWP while the visa process is going on. You just can't stay in the USA and adjust status on any of those visits.

"all the letters after my name"? Sorry, I'm not understanding this part.

Rene

liamthepianist

Post-nominals my friend