U.S. citizen, married in Australia for 4 years and want to bring my wife to U.S. now

[outbj]

We have been to the U.S. every year for about 4-5 weeks and after calling the USCIS a number of times just a few weeks ago
received the following info:

I Can file I-130 in Oz and then wife can come to US on Visa Waiver program and apply for I-485

Alternatively can file for both I-130 and I-485 on next trip back to the US with my wife on VWP.

Are those scenarios realistic?

thanx

outbj

[rayb]

Either options will probably work, but I would offer the following caveats:

1. Filing an I-130 before your wife tries to come to the U.S. is an "expression of intent to immigrate" and could serve as a reason for rejection at the Port of entry.
2. I have heard that a Visa Waiver entry cannot convert that status while in the U.S. I have a similar Visa Waiver conversion in process now for a Brit guy, and I warned him of the risk, but don't know yet if his document review or interview have presented any problems. Having said that, however, I would recommend your wife using a B2 visa to enter the U.S., and that visa type does allow conversion.

--Ray B

We have been to the U.S. every year for about 4-5 weeks and after calling the USCIS a number of times just a few weeks ago
received the following info:

I Can file I-130 in Oz and then wife can come to US on Visa Waiver program and apply for I-485

Alternatively can file for both I-130 and I-485 on next trip back to the US with my wife on VWP.

Are those scenarios realistic?

thanx

outbj