Adjustment of Status on ESTA

[Mishka79 0]

Hello,

 

I am a British citizen married to an American (got married in USA in April 2016)  and am visiting him on ESTA. This is my fourth visit to the United States and we both were hoping to get a settled status in the United Kingdom last month, however due to the incompetency of the Home Office part of our application was lost and so my American Husband received a denial. To make things worse when he arrived in the U.K. Two weeks later, exercising his right to visit me as a tourist, he was removed from the country within 24 hours. In this window I made up my mind and packed two suitcases and came along to Decatur to spend 3 months with him as we both Felt we couldn't be separated again.

 

We  both contemplated moving  to Spain where I could gain legal employment as I am a dual EU citizen of U.K. and Poland and so could get him there in a matter of months, however another thought crossed our mind. Since our life got so complicated due to the UK immigration conundrums, would it be legitimate to apply for Adjustment of Status on my ESTA. I am aware that there have to be legitimate circumstances to do it on the visa waiver programme, but from our perspective the situation got so real and difficult that I feel it's the only way to be together. If I move to Spain it will be months before he can see me again to settle.

 

My husband has full time employment here and makes a substantial amount, it would be convinient for us to consider the states as the next move, especially that I am a linguist and could find work here easily.

 

My question would therefore be, is our situation serious enough to ask for the green card while I'm here on a holiday? Our objective has never been to do it this way, I have my return flight booked but given the circumstances this could be the only option to stay together in one place. Would my story be good enough to convince the authorities if asked for the reason of AOS on ESTA? What do you suggest?

 

Thank you for help,

 

 

 

 

[Ben&Zian 4,397]

While having already been married to each other, it could raise some questions I suppose; but since your intent originally was not to stay in the US, then technically there should be no issue with adjusting status and remaining here. You just can not leave the country until you receive your advanced parole or the actual green card.

[Becci391 339]

5 minutes ago, Mishka79 said:

Hello,

 

I am a British citizen married to an American (got married in USA in April 2016)  and am visiting him on ESTA. This is my fourth visit to the United States and we both were hoping to get a settled status in the United Kingdom last month, however due to the incompetency of the Home Office part of our application was lost and so my American Husband received a denial. To make things worse when he arrived in the U.K. Two weeks later, exercising his right to visit me as a tourist, he was removed from the country within 24 hours. In this window I made up my mind and packed two suitcases and came along to Decatur to spend 3 months with him as we both Felt we couldn't be separated again.

 

We  both contemplated moving  to Spain where I could gain legal employment as I am a dual EU citizen of U.K. and Poland and so could get him there in a matter of months, however another thought crossed our mind. Since our life got so complicated due to the UK immigration conundrums, would it be legitimate to apply for Adjustment of Status on my ESTA. I am aware that there have to be legitimate circumstances to do it on the visa waiver programme, but from our perspective the situation got so real and difficult that I feel it's the only way to be together. If I move to Spain it will be months before he can see me again to settle.

 

My husband has full time employment here and makes a substantial amount, it would be convinient for us to consider the states as the next move, especially that I am a linguist and could find work here easily.

 

My question would therefore be, is our situation serious enough to ask for the green card while I'm here on a holiday? Our objective has never been to do it this way, I have my return flight booked but given the circumstances this could be the only option to stay together in one place. Would my story be good enough to convince the authorities if asked for the reason of AOS on ESTA? What do you suggest?

 

Thank you for help,

 

 

 

 

It can take up to 12 months to get a Green Card after you submitted the documents to USCIS. You cannot just apply for a GC and hope it will be in the mail 4 weeks later.

Since you are already married you can apply for CR1 but even then it can take several months to receive the GC. And you cannot stay in the US while USCIS processes the case. You can visit your husband with ESTA but you cannot live in the US.

 

[Becci391 339]

2 minutes ago, Ben&Zian said:

While having already been married to each other, it could raise some questions I suppose; but since your intent originally was not to stay in the US, then technically there should be no issue with adjusting status and remaining here. You just can not leave the country until you receive your advanced parole or the actual green card.

I thought people cannot stay in the US when they apply for the CR1 visa...I thought that's only the case when file for AOS on behalf of a K1 visa and that you got married in the US.

[Ben&Zian 4,397]

1 minute ago, Becci391 said:

I thought people cannot stay in the US when they apply for the CR1 visa...I thought that's only the case when file for AOS on behalf of a K1 visa and that you got married in the US.

 

If the OP is in the US currently and they are married(which she said they have been) they can apply to adjust status. A lot of the issue will be intent but since it sounds like she never intended to stay it shouldn't be an issue.

 

AOS still does yes apply for after K-1 marriage.

 

Also even during a CR-1 or K-1 processing the petition, the beneficiary can stay in the US if they have the means of a visa or what not. They just always need to be honest with immigrations and continue to show they will return after their stay; but they can stay in the US while their petition is processing.

[Mishka79 0]

Thank you for the reply. As for the AOS it is possible to adjust it for the immediate family members such as spouses! 

 

my only worry is whether we can mention the immigration issues in the uk and would they be good enough explaination. I'm not in the position nor do I normally lie so I would like to mention at the interview the real problem that happened in the UK - his visa refusal and removal from the country, whether it was their fault or not. We don't have many places to go and we are super stressed out.

 

and for the record guys we are a gay couple

 

shall we we go for the adjustment you think?

[Transborderwife 4,666]

1 hour ago, Ben&Zian said:

While having already been married to each other, it could raise some questions I suppose; but since your intent originally was not to stay in the US, then technically there should be no issue with adjusting status and remaining here. You just can not leave the country until you receive your advanced parole or the actual green card.

Intent alone is not enough to deny an AOS

[Mishka79 0]

And I would like to know guys what you base tourney opinion on? Some of the stuff like not being able to convert AOS while on esta is simply not true.

 

is anyone on here actually dealing with immigration professionally? I would like some tried and true answers.

 

cheers,

[Mishka79 0]

3 hours ago, Becci391 said:

It can take up to 12 months to get a Green Card after you submitted the documents to USCIS. You cannot just apply for a GC and hope it will be in the mail 4 weeks later.

Since you are already married you can apply for CR1 but even then it can take several months to receive the GC. And you cannot stay in the US while USCIS processes the case. You can visit your husband with ESTA but you cannot live in the US.

 

Well this is actually not true. I have checked the legislation and understood that esta holders can apply for AOS in special circumstances such as if they for instance got engaged or married on their holiday in theUSA or if your American spouses mother died and u had to look after your inheritance, anything that is convincing that my original entry to the USA wasn't motivated by The Green Card move.

 

im only asking about the time scales and if our story is legitimate enough to stay here and convince the officers my intent was to leave when I entered.  And possibly how likely am I to get accepted. I would appreciate some tried and true answers from people in a similar situation or people in the know cos as it is I have been reinventing my life with hypothetical scenarios for a good while.

 

cheers

[Becci391 339]

Contact an immigration lawyer if you want reliable answers.

[Mishka79 0]

2 minutes ago, Becci391 said:

Contact an immigration lawyer if you want reliable answers.

Haha that's what I was afraid of. But that's what I'm not willing to pay either

[Boiler 43,430]

AOS from the VWP is extremely common, intent was adjudged when you entered.

 

You will not be able to leave and come back until you have AP, 90 days or so.

[Andsco 89]

I'm sorry to hear about your situation. Whatever you decide to do at the end...you're welcome to stay in Spain 

[Wuozopo 4,285]

There is a 

2 hours ago, Mishka79 said:

Haha that's what I was afraid of. But that's what I'm not willing to pay either

There is a whole forum on here called "Adjustment of Status from Work, Student, & Tourist Visas"  

and it's sub forum Progress Reports. That's where you'll find the ESTA people if you want to browse page after page looking for reports. Most say they were never asked to explain anything at their successful interview.

 

http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-amp-tourist-visas/

Edited March 25, 2017 by Wuozopo

[Mishka79 0]

3 hours ago, Boiler said:

AOS from the VWP is extremely common, intent was adjudged when you entered.

 

You will not be able to leave and come back until you have AP, 90 days or so.

Thank you for the reply. Does it mean the whole process will take no longer than 90 days? I would like to get on with my business and go to Europe within 4 months. I do hope this process is seamless and not too lengthy.

i gather that I have to submit my passport with the application or is it only a photo copy?

 

ive tried to find some similar threads to mine but to no avail. I do wonder how longe vwp applicants wait for their status to be adjusted and what percentage of applications is successful. Got cross eyed browsing through the posts lovely people. Any ideas please inundate me.