File for Green Card while on ESTA?

[LeonieJensen 0]

Alright, some Background: My husband (American citizen) and I met online and he moved to Germany (where I was born and raised) and we got married here.

Now we have realized that things aren't working out for us in Germany, mainly because I am mentally ill and can't work as a result and he, as a foregin immigrant, can't seem to find a job here, so we have decided to move back to the US.

We've already looked into filing for a Green Card from Germany and then going to US after my immigrant VISA is approved. However, this can take up to six months, I have a very toxic relationship with my family (which, to put it mildly, makes me want to get the h*ll out of this country as soon as possible) and we're running low on funds, not knowing how we're supposed to get through another six possible months. Let alone play the $420 filing fee for the Green Card.

My husband has a Job oppotunity back in the States. (His old job, before he left for Germany, they told him he could come back anytime if something goes wrong. He has already contacted them and it's looking good.)

Now, I've been in the US before my husband and I got married, (January - February 2016) and I got there on an ESTA. Now I'm wondering, is it possible for me to get to the US on an ESTA and file for a Green Card within the 90 days I'm allowed to stay?

Research online gave me mixed answers. Some sources said that if my husband is filing for a Green Card for me in the US I am not allowed to enter the US until it's apporoved, other sources say it's very much possible to file for a Green Card while on an ESTA, provided that I am an immediate relative to a US citizen.

[JFH 12,189]

In short, no. What you are proposing (entering the USA on a non-immigrant status with the intention of staying) is fraud. You must apply in Germany and wait for your CR-1 to be approved before you immigrate. Your husband can return at any point and begin working to prepare for your arrival. You can visit him during the process subject to the usual terms and conditions of the VWP.

You actually have it easier than most in that your husband can petition for you through the embassy in Frankfurt and you can have your visa in around 6 months. The rest of us have to wait a year or more.

It is what it is. None of us enjoys being apart from our wives and husbands.

Edited July 17, 2016 by JFH

[LeonieJensen 0]

What you are proposing (entering the USA on a non-immigrant status with the intention of staying) is fraud.

As far as I'm concerned, it's called adjustment of status.

[JFH 12,189]

As far as I'm concerned, it's called adjustment of status.

That's right and it is an option available to people already in the country who did not have any immigration intent when they arrived and their circumstances changed.

As I said, what you are proposing (going there with every intent to stay) is illegal.

Big difference.

If it was that simple, we would all be doing that, there would be no CR-1 visa process and I would not be waiting over 5 months for Nebraska to approve my I-130.

Edited July 17, 2016 by JFH

[LeonieJensen 0]

If it was that simple, we would all be doing that, there would be no CR-1 visa process and I would not be waiting over 5 months for Nebraska to approve my I-130.

It isn't that simple. Filing for adjustment of status costs over $900, more than double the amount than it would cost to file for a Green Card from Germany. It really isn't about being away from my spouse or doing it fast, it's a money issue for us, because neither me nor my husband can work in Germany, while, if we were in America and he could work and earn money to pay for all the fees, we would have less of an issue.

Edited July 17, 2016 by LeonieJensen

[NikLR 13,220]

Jfh is correct. Germany offers DCF. Go that route

[JFH 12,189]

It isn't that simple. Filing for adjustment of status costs over $900, more than double the amount than it would cost to file for a Green Card from Germany. It really isn't about being away from my spouse or doing it fast, it's a money issue for us, because neither me nor my husband can work in Germany, while, if we were in America and he could work and earn money to pay for all the fees, we would have less of an issue.

He can return at any time to start work. No one is forcing him to stay in Germany.

I will say it again. It is illegal to enter with the intention of staying and filing AOS (adjustment of status). Either your husband stays with you in Germany and finds a job until your CR-1 is approved or he returns to his old job and you wait it out in Germany alone. You can visit during this time.

Pick your poison. Immigration does not care about your lack of funds, your mental state or your unwillingness to be parted from your husband, I'm afraid. Welcome to our world.

[jan22 2,898]

It isn't that simple. Filing for adjustment of status costs over $900, more than double the amount than it would cost to file for a Green Card from Germany. It really isn't about being away from my spouse or doing it fast, it's a money issue for us, because neither me nor my husband can work in Germany, while, if we were in America and he could work and earn money to pay for all the fees, we would have less of an issue.

You need to research more. The cost of applying for immigration from outside the US is more than the $460 you are quoting. That will cover the USCIS application fee for the I-130, but does not take into consideration the visa fees, the medical, etc. Similarly, doing an adjustment of status in the US is more than the $900 you are quoting. The two processes are not that different in terms of cost. However, one is more sure regarding you have no legal issues in the process -- and that is applying for and getting the visa before entering the US. The last thing you want is to file for an adjustment of status and have it denied and told you have to return to Germany and wait once you have moved everything to the US. While it might not happen, there is always a chance.

[EM_Vandaveer 2,369]

Do DCF in Germany, it's fairly quick.

[Cyberfx1024 7,978]

As far as I'm concerned, it's called adjustment of status.

It might be what you call AOS but it is Illegal and could cause a you to be denied when you finally do it. So do it the right way the first time, it will mean less headaches for you both in the long run. If you want to complain about the length of time being away from your SO, well welcome to real world. This is how it is done the right way.

[Transborderwife 4,666]

As far as I'm concerned, it's called adjustment of status.

Do things legally please. Don't cheat the system

[Boiler 43,437]

Please

The OP said in her first post that she is mentally ill.

[LeonieJensen 0]

It might be what you call AOS but it is Illegal and could cause a you to be denied when you finally do it. So do it the right way the first time, it will mean less headaches for you both in the long run. If you want to complain about the length of time being away from your SO, well welcome to real world. This is how it is done the right way.

Alright, but could we file for a green card while I'm on an ESTA without adjusting my status? Would that be possible?

If my 90 day limit runs out before the Green Card is approved (which it will, considering it takes AT LEAST three months, usually more) I return home and come back to the states once it's approved?

[NikLR 13,220]

Alright, but could we file for a green card while I'm on an ESTA without adjusting my status? Would that be possible?

If my 90 day limit runs out before the Green Card is approved (which it will, considering it takes AT LEAST three months, usually more) I return home and come back to the states once it's approved?

No don't do this.

Do DCF in Germany.

If you file with Chicago it will take about a year.

If you do DCF it takes 2-3 months (approximately.)

Edited July 18, 2016 by NLR

[Dal&Rose 45]

Trying to find ways around the system is still illegal.

Coming to the USA on a ESTA with the intention of filing for green card, aka AOS, aka anything else you may want to call it to make it not seem so illegal ... it is still illegal and fraud in the eyes of the US Gov't. Getting caught doing this is misrepresentation, get banned and etc. Do you really want to chance this?

I would do almost anything to be with my husband in 6 months time.... I'm already waiting for the 6 months. At least another 6 months coming up. We are to the point if he's not here in December, we will be traveling to a third-country just to have our anniversary together.

Do DCF, it is cheaper. AOS and all that jaz is over $1K easy. Since it's a money issue and all...