Adjustment of Status on VWP (ESTA)

[jayw2]

Hi,

My wife (US citizen) and I (UK citizen) have been married for 2 years, 4 months. Now the time has come for me to move to the US and be with her.
Am I allowed to enter the US using the Visa Waiver Program with the intent to adjust my status?
I intend to buy a one-way ticket and tell border control in the US that I am here to become a permanent resident when they ask what I'm in the US for. Is this lawful?
This document seems to say yes: https://www.uscis.gov/sites/default/..._Effective.pdf - but I'm not sure.

"Thus, an individual admitted under the VWP who is also an
immediate relative is not precluded from seeking adjustment of status, even after the VWP period
has expired."

Thanks!

[newacct]

Hi,

My wife (US citizen) and I (UK citizen) have been married for 2 years, 4 months. Now the time has come for me to move to the US and be with her.
Am I allowed to enter the US using the Visa Waiver Program with the intent to adjust my status?
I intend to buy a one-way ticket and tell border control in the US that I am here to become a permanent resident when they ask what I'm in the US for. Is this lawful?
This document seems to say yes: https://www.uscis.gov/sites/default/..._Effective.pdf - but I'm not sure.

"Thus, an individual admitted under the VWP who is also an
immediate relative is not precluded from seeking adjustment of status, even after the VWP period
has expired."

Thanks!

You can adjust status from VWP, but that doesn't mean you can enter the US on VWP with preconceived intent to adjust status during that stay. The officer is required to deny you entry if they suspect that is what you will do.

[miiki]

Hi,

My wife (US citizen) and I (UK citizen) have been married for 2 years, 4 months. Now the time has come for me to move to the US and be with her.
Am I allowed to enter the US using the Visa Waiver Program with the intent to adjust my status?
I intend to buy a one-way ticket and tell border control in the US that I am here to become a permanent resident when they ask what I'm in the US for. Is this lawful?
This document seems to say yes: https://www.uscis.gov/sites/default/..._Effective.pdf - but I'm not sure.

"Thus, an individual admitted under the VWP who is also an
immediate relative is not precluded from seeking adjustment of status, even after the VWP period
has expired."

Thanks!

This means that if you had entered without an intent to immigrate and then something changed, you aren’t prohibited from adjusting status. You aren’t allowed to enter with that specific intent, and if you tell the border agent that, you’ll likely be denied entry.

[pmf123]

Just buy a roundtrip ticket.

I am also from UK married to US citizen.

But my application was filed in 1997, so things have definitely changed!

[BluePanther]

Hi,

My wife (US citizen) and I (UK citizen) have been married for 2 years, 4 months. Now the time has come for me to move to the US and be with her.
Am I allowed to enter the US using the Visa Waiver Program with the intent to adjust my status?
I intend to buy a one-way ticket and tell border control in the US that I am here to become a permanent resident when they ask what I'm in the US for. Is this lawful?
This document seems to say yes: https://www.uscis.gov/sites/default/..._Effective.pdf - but I'm not sure.

"Thus, an individual admitted under the VWP who is also an
immediate relative is not precluded from seeking adjustment of status, even after the VWP period
has expired."

Thanks!

If you are still in the UK, perhaps its easier to adjust status through consular processing and move after you get approved? I suspect consular processing will be quick in your case as an immediate relative. With USCIS the processing times vary wildly and you don’t have to enter the US trying to hide your true intent. Just a thought to take into consideration.