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

[Pinkclouds 3]

4 hours ago, Loren Y said:

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.

Yes, I think that's an easy way to think of it. However I have to think of all of the possibilities because of my situation. 

[ineedadisplayname 444]

15 hours ago, Crazy Cat said:

Since you are a Green Card holder, Adjustment of Status from VWP/ESTA for your spouse is prohibited.  

It is not really prohibited but basically impossible. His/her spouse would need to maintain the legal status for the whole duration of AOS. With ESTA she/he has 90 days and that is impossible to get AOS done in that timeframe. If he/she runs out of status (90 days) before he/she receives his/her greencard the application will be denied. So yeah basically it is a no.

Edited September 4, 2022 by ineedadisplayname

[ineedadisplayname 444]

11 hours ago, Pinkclouds said:

Does anyone know how long it will take, once I return to America for USCIS to recognize that I am maintaining my residency?

You have to maintain it while you are are gone. Not once you returned.... As others said get the newborns papers ready (father approval that you can take the child to the US with you) buy a ticket and move back. Get a job, pay taxes (file tax returns), have a place as your primary residence, pay the bills. That is what it means maintaining your LPR status.

 

I think there are some rules about filing for new spouses after you divorce if you obtained your green card through marriage. Also you will need to provide financial documents that you meet the financial requirements to sponsor a spouse so probably you would need to stay in the US and work.

Edited September 4, 2022 by ineedadisplayname

[ineedadisplayname 444]

12 minutes ago, ineedadisplayname said:

think there are some rules about filing for new spouses after you divorce if you obtained your green card through marriage.

Never mind. Just read the other thread. You got your greencard through your parents.

[carmel34 3,538]

4 hours ago, Pinkclouds said:

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

Yes.  However, you cannot file an I-131 for re-entry permits for yourself and your baby until after you successfully return to the US.  The I-131 application asks how many days you have been outside the US, also if you have filed US tax returns.  Filing an I-131 is not a guarantee that it will be approved.  I agree with the advice that your first step is to try and return to the US ASAP, with your new baby.  Second step is to finalize the divorce with your US citizen husband.  There is just too much uncertainty to worry about steps after that.  In addition, given the complicated nature of your case, I strongly suggest that you consult with an immigration attorney who is very experienced with US immigration law for assistance.  Also find a good divorce attorney in the state where your USC husband and child live to work out important issues like custody, child support, division of assets, alimony, etc.  Please update this thread as you continue on your journey, and good luck!