Visa Waiver Program (VWP) to AOS

[max007]

My wife is planning to visit me soon. She will stay here for about 3 months. She is also willing to apply for AOS based on my pending I-485.

I have applied for my AOS last year and presently working with EAD.

We got married begining of this year.

Question:

1. If she enter in US using VWP (British Citizen), can she apply for AOS and will there be any problem?

PS: She will mention at POE that her husband is here in US and she will be applying for AOS, will that make officer at POE to deny her entry?

2. If anyone can suggest any other option for her to enter in US and apply for AOS.

many thanks in advance.

 

[nscagony]

Please don't spam the forum. You can't do AOS on VWP. The only option is entering on H/O/L and then getting married after a reasonable waiting period (90+ days). In the alternative she can do consular processing.

 

[PraetorianXI]

1.- No. She will be denied entry.
2.- H1/L1 visa, that is it. Other NON-IMMIGRANT visas do not allow such intent.

 

[Triple Citizen]

A1: Not recommended. Can land her in a world of trouble.
A2: K-3 and IR/CR immigrant visas.

 

[max007]

Thanks everyone.

If I'm not mistaking only US Citizen can file petition for K3 & IR/CR. I have only filed I-485. I have EAD & AP. I'm not a US Citizen.

 

[PraetorianXI]

Then you will have to wait 5-6 years before your wife will be able to join you... or... she may qualify for follow-to-join benefits. Who is sponsoring your GC?

 

[max007]

Yes, she may qualify for Follow-to-join but still it will be late. My ex-employer had filed for Labor-I140. I had switched my job after 6 months. It's employment based GC.

I had H1 visa til Jan 31 but when I switched my employer, my new employer wouldn't transfer H1 visa. So I started working on EAD. Now it's hard to transfer my H1 visa even though I have stamp in my passport for H1 visa til July 2009. It sucks.

 

[max007]

Does anyone know how the CP works? I have EAD and my 485 is pending. I would like to have my wife do CP based on my pending 485. I don't want to transfer my pending 485 to CP, it might create more problem and main reason I don't want to take chance of CP where they can deny your CP at embassy and you cannot even appeal. So bottom line, I would like to continue my pending 485 and I would like my wife to do CP. Any thoughts !!!