Fled Asia due to pandemic, stuck on ESTA?

[JFH 12,195]

11 hours ago, mushroomspore said:

Thanks! Wow, 10-page thread..very long. I know a LOT of people are not so keen on the US immigration system allowing people to adjust from B2/VWP/ESTA. However, the feds do stipulate that "if circumstances change", it's allowed. So I never understood why people consider this route as "less legal" or "immoral" somehow. For the people who genuinely fit in this category, why would they be considered bad people? There's fraud in all the other categories too. I guess the only REAL way for the government to tackle this would be to no longer allow people to adjust from visitor visas and force everyone to pursue K1/IR1/CR1. But honestly, I do not see this move as actually doing anything to reduce fraud and misrepresentation. My prediction is that statistically, the levels would just be about the same 'cause liars gonna lie.

Without going too far off on a tangent from the OP’s question, I would say that for the most part many people cannot imagine circumstances so dramatic that result in someone remaining for good somewhere they had only intended to spend a few weeks and not returning home happening as often as they seem to do and as quickly as they do. Also many of us know people who cheated and definitely had every intention of staying. They lied at CBP. I was even invited to the farewell party of an acquaintance back home who announced she was moving here to marry her “boyfriend” (I use the term loosely because they had never actually met in person so a K-1 was impossible anyway. The relationship lasted all of 2 years). She was quite proud of the fact that she had found a “quicker and cheaper” way than the K-1 and gave recommendations to friends on how to AOS from the VWP. Another person I know also AOSed from visitor status and brought 2 cats with her. Who takes cats on vacation with them?
 

Some years ago there was a poster here who AOSed from tourist status as she went into very premature labor during a visit to her husband. Totally understandable. It was a medical emergency. But I’ve seen some very trivial and frivolous reasons on this forum that make you question whether there was actually intent all along. 

[Stein 285]

I think most of the disdain comes from those of us who are doing it the proper way, paying all of the fees and more importantly waiting months and years to get there and they see people sidestep what they perceive is the proper path and "waltz right in".  It also makes getting other visas like tourist visas tougher for people that want to use them legitimately.  Would I love to have my wife's family come to visit and see the US for a month?  Absolutely.  Do I want them to come and stay here with me?  That would be a big NO.  But it won't be my decision as they will never be able to get a tourist visa.

Edited August 15, 2020 by Stein

[gameyy 1]

17 hours ago, geowrian said:

Absolute worst case is AOS would be denied due to misrepresentation. Then they would move to remove her. Unless in an area where a VWP traveler can contest removal, she has no means to contest it and would be deported.

As a result, she would have a permanent bar due to misrepresentation + a 5 year bar due to removal. The permanent bar is waivable, but she would still have to go through consular processing abroad for an immigrant visa to return, and to qualify to file the waivers.

 

Much more realistic worst case, IMHO, would be a denial due to misrepresentation. Then refiling AOS with the misrepresentation waiver.

 

The very likely outcome would be no issue with what happened at POE and being approved for AOS without any issues.

 

The main difference between the last 2 circumstances would depend on if there was a misrepresentation at POE. Preconceived intent alone would not be cause for material misrepresentation.

As described, I did not see anything that could be reasonably construed as misrepresentation. But specifics will matter. A description of what happened isn't going to cut it...the specific questions and her responses would be what really matters. Assume they recorded those and act accordingly.

This is extremely helpful, thanks so much. I think, after looking at all of this info, and weighing it against what we were told at the border, that it would be wisest and safest to not risk the AOS from WVP. I'd hate for us to be separated during this pandemic. Much better to head back to South Korea and try to file for a visa there. Thank you all so much.

[Crazy Cat 45,307]

33 minutes ago, gameyy said:

This is extremely helpful, thanks so much. I think, after looking at all of this info, and weighing it against what we were told at the border, that it would be wisest and safest to not risk the AOS from WVP. I'd hate for us to be separated during this pandemic. Much better to head back to South Korea and try to file for a visa there. Thank you all so much.

If you want to stay in the US, I, personally, see no reason to leave.   Just file for adjustment of status.  It will probably never even be discussed during the AOS interview........just my opinion.

[Orangesapples 1,954]

1 hour ago, gameyy said:

This is extremely helpful, thanks so much. I think, after looking at all of this info, and weighing it against what we were told at the border, that it would be wisest and safest to not risk the AOS from WVP. I'd hate for us to be separated during this pandemic. Much better to head back to South Korea and try to file for a visa there. Thank you all so much.

The risk is overblown. The chances are you'll have no problems. It doesn't look like your wife lied at all.