Is it possible for my husband to sell the home in Japan, visit U.S. with visa waiver as tourist, bring all the money and luggage with him, and stay in the U.S. and apply for green card based on our marriage?

Question

Is it possible for my husband to sell the home in Japan, visit U.S. with visa waiver as tourist, bring all the money and luggage with him, and stay in the U.S. and apply for green card based on our marriage? I am a U.S. citizen.

Answer

Miki, Yes, this is possible, but it is misrepresentation on the visa waiver program, a fraud. You must be careful in dealing with immigration matters. There are inherent risks in the proposal you made. It is likely not worth the risk.

The VWP (Visa Waiver Program) is for visiting only, not for immigrating to the U.S. Prior to boarding your husband must complete an ESTA form. Questions on the form include purpose of travel, how long you plan to stay, where you reside, and so forth. If he answers honestly that he is moving to the U.S. based on marriage, then in all likelihood his entry to the U.S. will be blocked and he will be turned away. A border agent will also verbally ask purpose of travel. If he misrepresents the purpose of his “visit”, he can be accused of fraud. The accusation can come up once your husband is in the U.S. applying for a Green Card, condition removal, or even at the time of applying for U.S. Citizenship. The fact that he entered on the visa waiver program and sought to change status will always be open for inspection.

The correct visa for immigrating a husband from overseas is a marriage IR or CR visa. It can be possible to have your husband visit the U.S. shortly prior to filing for an marriage CR visa. He can be in the U.S. visiting while the case is in process. Your husband would still normally need to return to his home country to appear at a US consulate abroad for his marriage IR or CR visa interview.

If we pursue an IR or a CR visa, we can preprocess on a green card that upon his return to the U.S. on the proper visa, he will already be green card approved. This method of processing is 100% legal and should not pose much risk for him. Anything else is inherently risky.

I am willing to help with whatever decision you make. I’ve successfully processed more than 14,000 visas and green cards for family members and am in a position to help. A phone call would help in order to sort out a workable immigration plan.

Kind regards,
Allan Lolly