Urgent Help: Filling I 130 for my husband who is on visa waiver program

[rosha]

I am green card holder and my husband is a british citizen. We got married in New York 6 months ago. We then went to Australia to visit. My husband is in USA at the moment on Visa-Waiver Programme, and I want to file I-130 for him. However, immigration website states somewhere that person on visa-waiver programme does not qualify to apply for adjustment of status ( after approval of I-130).

Can someone please suggest how should we proceed?
Thank you

[rayb]

Where on an immigration website did you see that a Visa Waiver entrant cannot be converted to Permanent Resident status?
I've seen at least one reference saying the same thing, but have submitted conversions for at least two Visa Waiver entrants and no problems so far (U.K.).

The problem you will encounter, however, is that your husband's visa slot may take a couple of months to be available, and his Visa Waiver will expire in the meantime.

If you were a U.S. citizen petitioner, this would not be a problem and you could submit his I-485 before his Visa Waiver period expires.

--Ray B

I am green card holder and my husband is a british citizen. We got married in New York 6 months ago. We then went to Australia to visit. My husband is in USA at the moment on Visa-Waiver Programme, and I want to file I-130 for him. However, immigration website states somewhere that person on visa-waiver programme does not qualify to apply for adjustment of status ( after approval of I-130).

Can someone please suggest how should we proceed?
Thank you

[rosha]

Thanks Ray B for your reply. It is written in the I485 instruction manual in the immigration website. Yes as I am the green card holder, It's little bit complicated. Don't know what the next step should be.

Where on an immigration website did you see that a Visa Waiver entrant cannot be converted to Permanent Resident status?
I've seen at least one reference saying the same thing, but have submitted conversions for at least two Visa Waiver entrants and no problems so far (U.K.).

The problem you will encounter, however, is that your husband's visa slot may take a couple of months to be available, and his Visa Waiver will expire in the meantime.

If you were a U.S. citizen petitioner, this would not be a problem and you could submit his I-485 before his Visa Waiver period expires.

--Ray B

[verikon]

This maybe a little late for you however this is what you want to read;


Yes he can adjust status - as of Nov 14.

[rayb]

Verikon,

Thx. That clears it up, and provides assurance that VWP entrants may be adjusted when petitioned by a spouse, even up to 90 days after the the VWP entrance period has expired.

--Ray B

This maybe a little late for you however this is what you want to read;


Yes he can adjust status - as of Nov 14.