Can a permanent resident spouse come to the USA on an esta visa and stay while AOS?

[Pinkclouds 3]

7 minutes ago, Jorgedig said:

Your partner won’t be able to enter with the intent of AOS.   We have been trying to tell you that is fraud.

 

CR-1 is for spouses of USCs.

You haven't tried to tell me anything, you came into my post, accusing me of attempting fraud. 

 

Obviously, I know this now because many helpful people have pointed out that I am unable to do this being a LPR. 

[Pinkclouds 3]

10 minutes ago, Boiler said:

Nope, so you are not married to the new BF, nothing happens until you are.

Ah, I understand now. You're talking about filing for CR-1?

 

I thought I was unable to do that as you had to be in the USA. I will wait to file once I'm back in the USA. 

[SalishSea 16,950]

Just now, Pinkclouds said:

You haven't tried to tell me anything, you came into my post, accusing me of attempting fraud. 

 

Obviously, I know this now because many helpful people have pointed out that I am unable to do this being a LPR. 

Really?   Because you don’t seem to get some of the very basic rules of US immigration, not just initially, but throughout this entire thread.

 

And your defensive attitude won’t help you.   US immigration is complex and if you’re going to DIY it, best advice is to pay attention and educate yourself properly about the process.   Not doing so will cost you time and money.

1 minute ago, Pinkclouds said:

Ah, I understand now. You're talking about filing for CR-1?

 

I thought I was unable to do that as you had to be in the USA. I will wait to file once I'm back in the USA. 

You’re not eligible to file one!!!

[Pinkclouds 3]

21 minutes ago, Jorgedig said:

Really?   Because you don’t seem to get some of the very basic rules of US immigration, not just initially, but throughout this entire thread.

 

And your defensive attitude won’t help you.   US immigration is complex and if you’re going to DIY it, best advice is to pay attention and educate yourself properly about the process.   Not doing so will cost you time and money.

You’re not eligible to file one!!!

I read a link online from the USCIS website about permanent residents petitioning family members. No where did it state on the page it was prohibited to bring the partner over on an esta visa because they had written about us citizens under the permanent resident section. 

 

I am asking valid questions and trying to understand everything, not once have I ever claimed on bringing my partner over on an esta to AOS, which I know is illegal. 

 

Obviously I'm trying to educate myself by reading the USCIS website and coming here for further information. Your agressive and accusatory attitude is not helpful. 

 

I am done speaking with you now as you seem to want to be assume my intentions and judge me. 

 

You can continue to write whatever you want, I will no longer be replying. Thanks!

Edited September 3, 2022 by Pinkclouds

[Family 3,563]

I think OP has a lot of filings to handle! Lol But first / most of all learn the shortcuts and abbreviations .

She has to file and get divorced from first husband 

She can then file to marry new child’s father and current partner 

Only then can she file I-130 ( Consular Process) where she petitions for new husband 

 

If she stays in US , in time she can file N-400

If she can’t manage, she can file I-131 and go out for 2 years ( plus come and go as needed for first child) 

 

[Pinkclouds 3]

2 minutes ago, Family said:

I think OP has a lot of filings to handle! Lol But first / most of all learn the shortcuts and abbreviations .

She has to file and get divorced from first husband 

She can then file to marry new child’s father and current partner 

Only then can she file I-130 ( Consular Process) where she petitions for new husband 

 

If she stays in US , in time she can file N-400

If she can’t manage, she can file I-131 and go out for 2 years ( plus come and go as needed for first child) 

 

I'm confused, any input from others?

 

Once I marry my new partner, I can file for I-130 but doesn't that mean I have to stay in the USA while the process is pending? (Partner would have to go back to home country)

 

I think I will be denied n400 as I have spent too much time out of the country. 

 

"USCIS must deny a naturalization application for failure to meet the continuous residence requirement if the applicant has been continuously absent for a period of 1 year or more during the statutory period."

 

I'm really not sure how much leeway they would give. Would it be worth $700 to find out?

 

If I do file for i-131 (under assumption I have brought my child with me) would I file for both of us? 

[Family 3,563]

7 minutes ago, Pinkclouds said:

read a link online from the USCIS website about permanent residents petitioning family members. No where did it state on the page it was prohibited to bring the partner over on an esta visa because they had written about us citizens under the permanent resident section

There are lots of confusing terms/ concepts and abbreviations…but as everyone tried to clarify some things are in violation of US immigration laws and VJ  regulars ask pointed questions and flag even unintentional/ innocent questions.

 

So, NO ONE ( spouse of USC or spouse of LPR) is permitted to come in as a visitor with “ intention “ of living here. 
 

So even a Hypothetical question like can an LPR’s spouse  or a USC spouse come to US as ESTA, with intention to stay will get Fraud warning. 
 

BACK to you: 
Save your green card, put on an oxygen mask so you can help your first born . 
Triage next fire: Divorce and Custody 

 

To be continued 

[Pinkclouds 3]

3 minutes ago, Family said:

There are lots of confusing terms/ concepts and abbreviations…but as everyone tried to clarify some things are in violation of US immigration laws and VJ  regulars ask pointed questions and flag even unintentional/ innocent questions.

 

So, NO ONE ( spouse of USC or spouse of LPR) is permitted to come in as a visitor with “ intention “ of living here. 
 

So even a Hypothetical question like can an LPR’s spouse  or a USC spouse come to US as ESTA, with intention to stay will get Fraud warning. 
 

BACK to you: 
Save your green card, put on an oxygen mask so you can help your first born . 
Triage next fire: Divorce and Custody 

 

To be continued 

Understood the first part, will be more careful. 

 

For the second part, I don't understand. Can you please elaborate? 

 

Once divorced and remarried, if I am to file for a i-130 for my partner, he would be living in home country. Wouldnt that mean I would have to stay in the USA while it is pending? 

 

Wouldn't it not be possible to file a i-130 and additionally a i-131? 

[EmilyW 1,236]

As someone suggested above, you can file a re-entry permit and go back and live with your new husband.  You can also file a petition for him with your status as an LPR.

 

Citizenship is a long way off for you right now.  Your priority should be re-establishing yourself as a resident and go from there.  Everything you're planning hinges on you being back in the country.

 

If nothing else, come back and see your first born.  They probably miss you bunches.

Edited September 3, 2022 by EmilyW

[SalishSea 16,950]

26 minutes ago, Pinkclouds said:

I read a link online from the USCIS website about permanent residents petitioning family members. No where did it state on the page it was prohibited to bring the partner over on an esta visa because they had written about us citizens under the permanent resident section. 

 

I am asking valid questions and trying to understand everything, not once have I ever claimed on bringing my partner over on an esta to AOS, which I know is illegal. 

 

Obviously I'm trying to educate myself by reading the USCIS website and coming here for further information. Your agressive and accusatory attitude is not helpful. 

 

I am done speaking with you now as you seem to want to be assume my intentions and judge me. 

 

You can continue to write whatever you want, I will no longer be replying. Thanks!

No one ‘brings’ anyone over on an ESTA.   There is no path to adjusting on ESTA for spouses of LPRs.

 

CR-1s are for spouses of US citizens.   Your category would be F2A.   You have to divorce and marry the BF in order to petition him.

 

You don’t have to live in the US, but you have to be domiciled here.  I suggest you read about domicile.

 

There is also the financial component to sponsorship, which you may not be aware of, as you haven’t mentioned it.

 

you will either need to have an adequate US-based income, or an eligible joint sponsor willing to sponsor him.

[SalishSea 16,950]

17 minutes ago, Pinkclouds said:

I'm confused, any input from others?

 

Once I marry my new partner, I can file for I-130 but doesn't that mean I have to stay in the USA while the process is pending? (Partner would have to go back to home country)

 

I think I will be denied n400 as I have spent too much time out of the country. 

 

"USCIS must deny a naturalization application for failure to meet the continuous residence requirement if the applicant has been continuously absent for a period of 1 year or more during the statutory period."

 

I'm really not sure how much leeway they would give. Would it be worth $700 to find out?

 

If I do file for i-131 (under assumption I have brought my child with me) would I file for both of us? 

There is no leeway when it comes to naturalization requirements.   The number of days of continuous residency etc are precise.

 

Also-  they do consider ‘good moral character,’ and a component of that is supporting your minor children who do not live with you.   So, you’ll want to make sure you’re up to date on child support.   US taxes, too.

[Pinkclouds 3]

Just now, EmilyW said:

As someone suggested above, you can file a re-entry permit and go back and live with your new husband.  You can also file a petition for him with your status as an LPR.

 

Citizenship is a long way off for you right now.  Your priority should be re-establishing yourself as a resident and go from there.  Everything you're planning hinges on you being back in the country.

Thank you. I will take this advice, however I do have some questions and am trying to search online but not having any luck. 

 

I will establish re-entry as soon as possible, however if he is to visit me in the USA on esta and we marry and file (while in the USA) for i-130, he would then leave back to home country. 

 

While the i-130 is pending, would I have to stay in the USA, to maintain my residency? 

 

Even if I did file for a i-131 and leave to go back to home country, would that not void the i-130? Because I wouldn't be maintaining residency? Or does the i-131 protect my residency maintenance? Also would I have to apply for both my child and I regarding the i-131?

 

 

[Timona 3,976]

40 minutes ago, Pinkclouds said:

 

 

What are you not understanding? I'll dim this super low, in order.

 

1. Reestablish residency while divorcing your husband at the same time. These 2 can run concurrently. 

2. After you divorce, marry your new beau, whether here in US or UK. If in US, he cannot stay and adjust. He has to leave. Anyways, after you marry and before or after he leaves, file I-130 for him online. While at it, take the time to file I-131 for yourself since you seem to wanna leave and go back to be with him so badly in UK. However, if you marry in US and file I-131 for yourself, do not leave until you do your biometrics. If you marry in UK, you can file I-130 for him immediately online but I believe you have to come back to file I-131 for yourself in US. And again, don't leave until you do the biometrics for your I-131. 

Edited September 3, 2022 by Timona

[Loren Y 2,745]

Wow, took a while to read all of that. My opinion, first things first, get admitted to the US ASAP, then log in here and say I made it back into the US with my LPR status intact. After you complete this first step, then everyone will guide you on what to do next. I always do one thing at a time, trying to multitask with anything immigration related is just too much work. bottom line before you can do anything else, you have to make sure your LPR status is intact. Start with step one and go from there.

[Pinkclouds 3]

7 hours ago, Timona said:

 

What are you not understanding? I'll dim this super low, in order.

 

1. Reestablish residency while divorcing your husband at the same time. These 2 can run concurrently. 

2. After you divorce, marry your new beau, whether here in US or UK. If in US, he cannot stay and adjust. He has to leave. Anyways, after you marry and before or after he leaves, file I-130 for him online. While at it, take the time to file I-131 for yourself since you seem to wanna leave and go back to be with him so badly in UK. However, if you marry in US and file I-131 for yourself, do not leave until you do your biometrics. If you marry in UK, you can file I-130 for him immediately online but I believe you have to come back to file I-131 for yourself in US. And again, don't leave until you do the biometrics for your I-131. 

Thank you for this, however my questions are still not answered. 

 

1. Why am I able to file for an i-130 and still leave the country under a i-131? Like I've said multiple times, don't I have to maintain my residency? Does the i-131 protect my residency?

 

2. Will I have to file a i-131 for both my child and I?

 

Yes, I understand that I will not leave until the bios are done.