Married to US Citizen: Enter US as VWP then apply to change to Green Card status?

Question

I am a US citizen married to a Singapore spouse for 4 years, living and working in Singapore all the while. Singaporeans are allowed to enter the US as a tourist without visa for 90 days (it's called VWP, Visa Waiver Program). Can my spouse enter the US in Jan or Feb 2010 on VWP and then immediately go to an Immigration lawyer to start applying for his Green Card? Does he need to leave the country after 90 days? Or can he just stay in the US while Green Card is being processed? I am worried because VWP is a non-immigrant visa. Can he change the non-immigrant visa to Green Card? Another thing, if he wants to go to school in Fall (Aug 2010), and his Green Card is not yet approved, can he re-apply as a F-1 visa holder? Thanks!!

Additional Details

Since VWP is a non-immigrant visa, should I apply B1/B2 visa for my spouse instead so that he can adjust status to Green Card upon arrival? How long does it take to get B1/B2 visa if we apply now? We want to enter the US soon, targetting at Jan 2010 if possible. Thanks!

We want to be in the US starting from Jan 2010. Applying by route of I-130 and K2 visa will take too long. We won't get it by Jan 2010. So we are thinking of entering by VWP or B2 and change while inside the US. We also thought of B2 then AOS to F-1 (since my spouse wants to go to school in Fall 2010), and then Green Card. Is it possible? Please advise!

Answer 1

Visa Waiver Program (VWP) is not a non-immigrant visa, because one entering on the VWP program does not usa a visa.

VWP applicants are not allowed to adjust their status. So no, he is not eligible for any immigration benefits under the VWP program. If he gets a B1/B2 visitors visa, then he would be eligible for immigration benefits.

A person entering the U.S. on the VWP can not have the intention of marrying. Some lawyers will tell you that you can, they are only causing you problems and only want your money.

Yes, he does need to leave the country after 90 days. When he gets back to Singapore he can apply for the F-1.

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Answer 2

The concept is a simple one. The documents presented must be compatible with the applicant's purpose and intent. Your spouse's intent is to reside in the U.S. He needs an immigrant visa. Anything else would be an attempt to circumvent the orderly and proper process for immigrating to the U.S.

As you are both outside the U.S. living in Singapore, you, as the U.S. citizen, can submit an I-130 to the U.S. embassy in Singapore so that your spouse can apply for an immigrant visa (IR-1). Once the immigrant visa is issued, he can enter and be processed as a permanent resident at the time of his arrival.

Trying to sneak into the U.S.under the guise of being a visitor using the VWP is unsavory at best, and makes an accusation of fraud possible. He is not a bona fide visitor, either under the VWP or as a B-2, if his purpose is to reside in the U.S. Start working on the immigrant visa now. If you have all the your documents in order (marriage certificate, police clearance, medical exam, etc.), the immigrant visa unit at the embassy should be able to accommodate your application in fairly short time.

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Answer 3

Why don't you just do it properly in the authorized manner and apply for an IR1 visa for him from Singapore

Follow the flowcharts here

http://familybasedimmigration.com/forum/…

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