You mean the visa waiver program? Not a good idea, as that would be preconceived immigrant intent. But if she is 21 or older it definitely won't be allowed. Only the parents, spouses, and under-21 children of citizens can enter the US as a visitor and stay to get a green card, unless they are able to switch to a long-term nonimmigrant status like H1B or L1.
Originally Posted by igui
Trying to to use the visa like that would be fraud, which will likely be discovered during her GC process if not at the port of entry.
She has an O3 visa still valid on her passport, although I'm not working any longer for that company. Maybe the officer will stamp her passport with this O3 visa, and then we'll apply for her green card when she is in USA.
That's the best route. File I-130 and indicate the closest consulate in Spain. Upon I-130 approval she will follow up with the consulate for an interview. But if she is 21 or older, it will be some 8+ years before she is eligible for a green card via your sponsorship.
3- Do we have to apply for her in the usa embassy in Spain?
EB3 ROW I-485 Approved: July 2007
USC: July 2013
I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.