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travelling to the US under VWP but already married to a US citizen

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  • travelling to the US under VWP but already married to a US citizen

    Hello, I am a Portuguese married to a US citizen, we have been married for 5 years and we have a 4 year old boy, recently my wife will travel to the US for a job offer, and we want to accompany her and immigrate ourselves to the US.

    My question is if it is possible to travel by VWP, together with my wife, and then apply for an adjustment of status, while being there with her, or does she need to go first, apply the petition for me and our son.

    I'm asking because it's much easier if she submits the i-130 while being in the US than abroad. And after she submits the petition can i go while it is pending?

  • #2
    You should not enter on VWP with intent to do Adjustment of Status while there. You will likely be denied entry.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      You should not enter on VWP with intent to do Adjustment of Status while there. You will likely be denied entry.

      I thought so...so my wife goes first get's the i-130 going for me and our son, after the process is pending that's when i can go? or does it have to be approved first?

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      • #4
        The proper way is she files I-130 for you and your son, and you go through Consular Processing in your home country for an immigrant visa, and you enter the US on the immigrant visa, which makes you a permanent resident immediately. The whole process takes around a year.

        This is my personal opinion and is not to be construed as legal advice.

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        • #5
          Originally posted by Luis Heliodoro View Post
          I thought so...so my wife goes first get's the i-130 going for me and our son, after the process is pending that's when i can go? or does it have to be approved first?
          I'm in the same exact position as you, what did you end up doing? Did you wait in Portugal and start the process there? Have you received your documents already?

          Thanks!

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          • #6
            Originally posted by VivianaCP View Post
            I'm in the same exact position as you, what did you end up doing? Did you wait in Portugal and start the process there? Have you received your documents already?

            Thanks!
            There are two ways to go about this. Adjustment of Status or Consular Processing. The information for both can be found on the USCIS website:

            In order to bring your spouse (husband or wife) to live in the United States as a Green Card holder (permanent resident), you must be either a U.S. citizen or Green Card holder.
            Not legal advice.

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