Q: I filed form I-130 for my spouse. She came to USA on VisaWaiver Program. Can we apply for Adj of Status so she can stay?
I am a US citizen. My wife is a Canadian and she lives in Canada. At the time I filed form I-130 for her, she was living in Canada. However, she came to USA this week on a visa waiver program. It has been a month since i filed I-130. I-130 has been accepted, but has not been aproved yet. Can we still apply for Adjustment of Status? Can she stay in USA with me during the petition, and get the green card without going back to Canada?
A: No. Your wife can not adjust status inside the United States if she entered on the VWP. She will need to leave the country and apply for a visa. Make sure she does not overstay which could result in her needing a waiver to return.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
