Skip to main content

Can I stay in the Us while i-130 is pending?

Detroit, MI |

We filed the petition in Germany while my USC husband was in the army, but he no longer working overseas so I came to th US with my husband for vacation on VWP, waiting on my i-130 to be approved... My question , it is any possible way for me to stay and live here in the US with my husband ,without going back to germany to finish the i-130 process? Or can we change the i-130 process location so i could just wait here state side untill i get my greencard?

Attorney Answers 3


If you try to stay in the United States and adjust your status to green card holder (AOS), the timing of your VWP entry may raise some questions about whether you misrepresented the purpose of your entry, which may in turn cause some problem with getting your AOS application approved. This answer assumes that it would even be advisable/possible to reroute I-130 for in-country AOS processing after you have already indicated that you would consular process. Some may disagree, but I believe that the least risky option is to continue on the consular processing path as you have already started down it. Schedule an in-person meeting with an experienced immigration attorney before making any decisions.

Mark as helpful

4 lawyers agree


My colleague is correct ... using VWP/ESTA can be a big problem.

Meet with an attorney before filing any more papers.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Mark as helpful

2 lawyers agree


The status of an applicant with VWP is somewhat shaky. A VWP visitor gives up the right to appear before an immigration court. This means that the DHS can detain and send a VWP participant home if a visa adjustment is denied. This can cause even more complications once consular processing begins.

Although it is unusual to deport without a hearing, this has happened to a few VWP visitors. Many VWP visitors have adjusted status who have not filed an I-130 before entry. It is also true that others have elected to successfully adjust status in the U. S. after beginning the process abroad for various reasons. Whether to change your mind at this point should be carefully discussed with a competent and experienced immigration attorney. Good luck.

This is general information, not legal advice, and does not create an attorney client relationship.

Mark as helpful

2 lawyers agree

Form I-130 (alien relative) topics

Recommended articles about Form I-130 (alien relative)

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics