I-130 problem, which option? Immigrant Intent?

[wilderness1]

We are not sure we can wait for I-130 forms for the whole family to be processed. Would it be dangerous for a mother and three children to travel on a visa waiver to the USA and then file all forms concurrently (adusting status too)? Would that be a relatively easy and risk free solution or is there too great a danger of being an immigrant intent perceived by the USCIS? Or worse not being let into the country at all!

Would love some advice on this one! Thanks!

 

[Triple Citizen]

AOS from VWP is not a good idea these days. Who is the sponsor on the I-130? Is it a US citizen sponsoring hiw wife and kids?

We are not sure we can wait for I-130 forms for the whole family to be processed. Would it be dangerous for a mother and three children to travel on a visa waiver to the USA and then file all forms concurrently (adusting status too)?

 

[wilderness1]

Yes he would be sponsoring his wife and children. One other thing, we have two passports south african and british. As we are living in South Africa would it be advsiable to use that passport as oppose to the latter. My mother seems to think that to apply on britsh passports would be better. But I that might be an unneccessary complication?

 

[Triple Citizen]

Which passport is used does not matter. Go down the CP route.

As we are living in South Africa would it be advsiable to use that passport as oppose to the latter. My mother seems to think that to apply on britsh passports would be better.

 

[Jackolantern]

AOS when on a visa waiver is restricted and risky. Courts are clamping down on it, and you risk long delays or denial.

 

[kadidja]

Hi guys

I am just offering my experience. I, too am an EU citizen who is married to an US citizen. I have travelled back and forth for quite a lot, never had a problem. Last time, I entered the US with my 2 years old who by the way was born in US. It was in May 2011, the CBP officer even joked with me and said that we should reunite with my husband and live together as a family. I replied that he was right since we have a child now, we should think more about his needs. Then in August, I have apply for my GC and I have my interview scheduled for next month.
There is 2 ways of applying for a GC is US if u have been inspected by a CBP officer and you have not overstayed or from outside via the consulate. The 2 options are available for a reason but I understand some CBP officers can be overzealous, don't offer them a lot of infos
Good luck with everything