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Immigration Issues/Marriage sponsorship I-130

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Question
Hello there,

I'm hoping that maybe you can help me with a query that I have. I would say that it is a very common concern.

My husband is a US Citizen, I am not. We plan on going to the US for a vacation next month. I will be travelling on the VWP.
The main point of our trip is for sightseeing. However, my husband has some business to take care of during our stay.

I am wondering if my husband can file the I-130 petition on my behalf during the 90 days, as we would like to have the option of being able to come and go without hassle in the future.
We also wish to suss things out to see if we would like to move to the US at some stage.
What do you think is the best option for us?
I am very confused as to what to do.
Is it possible to apply for a green card under the VWP within the 90 days while on holiday in the US?
Thanking you in advance,
G.

Answer
Hi,

Entry on visa waiver program (VWP) does not allow for intention to immigrate to the  U.S. Thus, if the intention is for your husband to file I-130 immigrant petition while you are in the U.S., you may be refused permission to enter the U.S. at port-of-entry.

Entry on VWP should be OK if you are coming just to see the U.S. and not to be sponsored by your  husband. However, if in the course of your trip you decide that you would like to live in the U.S., the I-130 can be filed by your husband. I-130 by itself will not allow you to remain legally in the U.S. beyond the 90 days allowed when you entered the U.S. If you would like to continue residing in the U.S. beyond this time frame, I-130 petition should be filed concurrently with the I-485 (adjustment of status application) along with other applications such as employment authorization and advance parole document applications to allow you to be employed and to travel while you wait for marriage interview, at which time you will receive resident status in the U.S.

This is only general advice, and you can call our law firm when you are in the U.S. at 212-268-3580 or email info@h1b1.com for any additional guidance.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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