Q: Can my spouse apply for a green card with ESTA if we are already married?
My wife and I got married through Proxy and she is eligible for the Visa Waiver Program. Could she apply for a green card if she travels to the US with an ESTA? If not, what options do we have?
Thank you
A:
Traveling to the U.S. under the Visa Waiver Program (VWP) with an ESTA (Electronic System for Travel Authorization) primarily permits short visits for tourism or business. If your wife enters the U.S. using an ESTA with the intention of applying for a green card (adjustment of status), it might raise concerns about her initial intentions upon entry, which the U.S. authorities scrutinize carefully. It's important to align with immigration laws and guidelines to ensure her eligibility and the integrity of her application process.
Given your situation, there are lawful paths to consider for your wife to apply for a green card. One common route is applying for a spousal visa (CR-1 or IR-1) from outside the United States. This process involves filing a petition and going through consular processing in her home country, which, though it can be lengthy, is designed for situations like yours. This method is more straightforward in terms of legality and intentions.
Additionally, consulting with an immigration attorney might provide personalized guidance tailored to your specific circumstances. They can offer advice on the best strategy for your wife's green card application, considering your marriage through proxy and her eligibility under the Visa Waiver Program. Ensuring that you follow the correct procedures will help in achieving your goal without jeopardizing her immigration status or future applications.
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