Wife is in the US on ESTA, I310 pending - apply for AOS?

[MyJourney 276]

I am a USC and my German wife is visiting me here in the US on ESTA. Our I 130 application is pending. Circumstances have changed since she came here and we are thinking about applying for AOS. Is this a legal and feasible option for us? 
We were already married before she came here. Do we have to wait 60/90 days in order to apply for AOS? 
Thank you. 

Edited January 24, 2018 by MyJourney

[Ontarkie 14,280]

~~Moved to AOS from Work, Student and Tourist Visa, from AOS Family K1/K3 - As the OP's wife entered with a tourist visa and things have changed.~~

[MyJourney 276]

@geowrian your opinion would be much appreciated! 
BTW, I think I posted in the wrong sub-forum, would someone move it, please? Thank you, 

[geowrian 22,337]

Yes, it's perfectly legal and feasible to do so. Assuming she can show a bona fide marriage and is otherwise eligible, she can complete AOS fine.

There's no need to wait. The 30/60/90/whatever day rule (that some websites quote) doesn't apply to AOS.

 

Edit: Remember to attach a copy of the I-130's NOA1 in the AOS packet.

Edited January 24, 2018 by geowrian

[MyJourney 276]

1 hour ago, geowrian said:

Yes, it's perfectly legal and feasible to do so. Assuming she can show a bona fide marriage and is otherwise eligible, she can complete AOS fine.

There's no need to wait. The 30/60/90/whatever day rule (that some websites quote) doesn't apply to AOS.

 

Edit: Remember to attach a copy of the I-130's NOA1 in the AOS packet.

Thank you for your quick response! 
As for the bona-fide evidence, we have: 
- the marriage certificate;
- pictures from our engagement party in her home (I visited);
- memorabilia, keepsakes, ring inscriptions from our engagement; 
- Total of 5 travels to see each other in the span of 2 years; 
- Continuous, uninterrupted monthly financial support to her while she was away in the span of the last 2 years; 
- She is on all of my medical, dental, vision, life, etc. insurance plans;
- Filing taxes jointly for 2017;
- She is on our apartment lease agreement; 
- She is added to my bank account; 
- Plenty of pictures; 
Do you think this is going to create a holistic picture about the bona-fide nature of our marriage? 

[azblk 338]

1 hour ago, MyJourney said:

I am a USC and my German wife is visiting me here in the US on ESTA. Our I 130 application is pending. Circumstances have changed since she came here and we are thinking about applying for AOS. Is this a legal and feasible option for us? 
We were already married before she came here. Do we have to wait 60/90 days in order to apply for AOS? 
Thank you. 

yes

[geowrian 22,337]

17 hours ago, MyJourney said:

Thank you for your quick response! 
As for the bona-fide evidence, we have: 
- the marriage certificate; Required document anyway
- pictures from our engagement party in her home (I visited);
- memorabilia, keepsakes, ring inscriptions from our engagement; 
- Total of 5 travels to see each other in the span of 2 years;  Show evidence of these trips
- Continuous, uninterrupted monthly financial support to her while she was away in the span of the last 2 years; 
- She is on all of my medical, dental, vision, life, etc. insurance plans;
- Filing taxes jointly for 2017;
- She is on our apartment lease agreement; 
- She is added to my bank account; Assuming the account is actually used jointly for expenses (not just existing for the purpose of having one for immigration)
- Plenty of pictures; 
Do you think this is going to create a holistic picture about the bona-fide nature of our marriage? 

It's a good list IMO. The items bolded above are the strongest ones. I think, in general, it's fine. From what I presume is a low-fraud country (ESTA-eligible), I dn't think you'll have an issue.