AOS I-485 / Visa Waiver HELP

[Julchen]

Hey everyone!

I really need help. It's an emergency!

Here is my situation: I am supposed to enter the US under the Visa Waiver Program and then my husband and I wanted to file I-485 and I-130 and all that.
We were recommended to do so by a lawyer in the US, by the way.

So, today I went to this place over here in Germany that gives out information and help to people who want to leave Germany to migrate to the US. When I told them that my American husband (We have been married for 3 years.) and I wanted to file AOS with me being in the US under the Waiver Program they practically freaked and said that this is not possible! --> I AM TOTALLY CONFUSED NOW because the instructions for I-485 tell me that I can do it, my lawyer said it was good to go and all other information I have gathered so far told me it was okay.

Soooo, I NEED HELP and FURTHER INFORMATION!

[yandresyuk]

Technically it is illegal to enter the US on a visa waiver program knowing and with the intent to file the papers (that is why those people freaked out), this can be constituted as fraud (if discovered) and you will be permanently denied entry (notwithstanding the fact that your husband is a citizen). Having said all that I do not mean to imply that it has never been done before. But that is a risk you have to consider

[Julchen]

discovered?

hey - thanks for the quick answer. i wonder what the deal is with "if it's discovered" - i mean, when i file my aos they will see that i am there with a i-94w.

[yandresyuk]

That is a possibility or they can ask you about it at the interview

[Julchen]

not going to do that

k3, doing it from over here sounds better. thanks for the advise.

[vinni68]

need help!

I was reading your respond to her case and i've been searching through this group for possible answer regarding the case of my mom and dad. So here it is hope you can help me on this one. I filed I-130 on 2002 and was approved 2003 .Unfortunately that time my dad was the only one who's ready to settle here in the US so he came here on tourist visa and adjusted his status and was subsenquently approved. Last year when ends where finally fixed back home my mom decided to go on with her pending petition and at that time she's here for visit..so we decided to adjust her status..go to the whole process and finally last week we appear for interview but was given a pending case answer....this week got a letter from the immigation officer/UCIS that she was inadmissable with case INA 212(a)(7)(A)(i)(I) and INA 212(a)(6)(c)(i)and it is necessary for my dad to file I-601 waiver with a statement of extreme hardship on her behalf.we're totally devastated with this response ...so if anybody can enlighten on this ruling i appreciate it so much.....any clue about the reasons he gave?