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US CITIZEN IS MARRIED TO A GERMAN CITIZEN?
OK HERE IS THE SITUATION:
US CITIZEN MARRIED THE GERMAN CITIZEN IN THE US, THE WIFE (GERMAN CITIZEN) LEFT TO GERMANY AND IN THE MEAN TIME THE US CITIZEN FILED AN I-130 ON HER BEHALF, THEN A K-3 VISA PETITION. BOTH HAVE BEEN APPROVED AND ACCORDING TO THE NATIONAL VISA CENTER, THEY WILL IGNORE THE K-3 AND GO DIRECT WITH THE I-130 PETITION. THE WIFE CAN NO LONGER WAIT IN GERMANY FOR AN IMMIGRANT VISA INTERVIEW AND WANTS TO COME BACK TO THE US.
CAN SHE ENTER THE US ON THE VISA WAIVER PROGRAM EVEN THOUGH BOTH I-130 PETITION AND K-3 VISA PETITION HAVE BEEN APPROVED??
2 Answers
- Brother HesekielLv 710 years agoFavorite Answer
First, no caps. That's like yelling with spit attached to it.
Secondly, the K-3 is dead. In its place we have the CR-1.
Third, sure she can come to the US with a VWP only.
But since entering the U.S. with a non-immigrant visa or no visa in order to adjust status is immigration fraud, their AOS petition will be denied and she will most likely be ordered deported right then and there on the spot (VWP participants have NO right of due process based on the I-94W terms), with a lifetime ban attached.
Don't be stupid. If the I-130 is approved, all it takes is another 3 months for the CR-1 to be adjudicated.
Source(s): I'm a natural-born German and Swedish citizen and a naturalized U.S. citizen. I work as a corporate attorney in Southern California and issues regarding multiple citizenships are my pet peeve. - Anonymous10 years ago
No, she cannot enter based on the Visa Waiver Program (VWP) - if she does, she will have to leave after her 90 days are up - plus, she would have to lie and say that she's entering as a tourist (non-immigrant). And if she lies to immigration, her petition can be denied when they find out and then she will have a REAL problem!
She really needs to just wait it out in Germany until the process finishes.
Source(s): http://www.immigrationamerica.org/
