How to I change my US residency status from visitor to spouse? 5 Answers as of February 05, 2011

I have just married my US born citizen girlfriend. I entered from the UK (born UK citizen) under the visa waiver program. We would like to live permanently in the US. Can I change my status? We should file form I-130 immediately nonetheless, correct?

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Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Yes, your wife can file the 1-130 in your behalf along with the I-485 to begin the process of adjusting your status to lawful permanent residency.
Answer Applies to: Virginia
Replied: 2/5/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
In some parts of the country the USCIS takes the position that a VWP entrant must file their application before their VWP stay expires. Most USCIS do not hold the same opinion. Since you are married to a U.S. Citizen and entered legally you can file both the I-130 and the I-485 (Adjustment of Status Application) at the same time.
Answer Applies to: California
Replied: 2/3/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Yes you must have your I-130 and I-485 and other supporting documents on file (received by USCIS) before the VWP 90 day period expires otherwise you will have to process in UK. We would be happy to assist you and advise forms, procedures, supporting documents, and fees. You may contact me as indicated below.
Answer Applies to: California
Replied: 2/3/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Correct. If by the time your interview is arranged and you are here legally, you can adjust status in US. If not, you can arrange interview in UK when your immigrant visa is issued. Good luck!
Answer Applies to: Florida
Replied: 2/3/2011
Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
If you entered under the visa waiver program, you cannot adjust status in the USA. You will have to leave the country and apply for an immigrant visa in a US Consulate overseas. I-130 is the correct form.
Answer Applies to: Washington
Replied: 2/3/2011
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