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

[Pinkclouds 3]

2 hours ago, EmilyW said:

You have a few issues here.

• One is that you have been out of the country for an extended period (longer than a year).  What have you done to maintain your residency: lease, bank accounts, filing tax returns.  This should be your first and primary concern.
• Second, only spouses of US citizens can adjust status.  This option is not available to you.  And, even then, as others have mentioned, even if you do become a citizen, your spouse cannot enter the US on an ESTA or any other type of non-immigrant visa with the intent to adjust: that is immigration fraud.
• Finally, the link you posted is in relation to children and the timeframe for them to be admitted without a visa.  This is separate to your own status as a permanent resident.

 

Once I return when does/how long will it take for USCIS see me as maintaining my residency?

 

 

1 hour ago, African Zealot said:

The more important thing is getting in with your permanent residency intact however partly because of Covid and traveling restrictions they’ve been very lenient. With you just having a baby (and you could argue you couldn’t return because you were pregnant etc and didn’t want to vaccinate) I expect them to be very lenient and overlooking your relatively lengthy stay abroad without a returning resident visa.

 

 

Yes, I've been told this multiple times but are you specifically speaking of CBP or USCIS?

[Pinkclouds 3]

2 hours ago, Jorgedig said:

The TOS of Visa Journey, which you agreed to when you jointed, prohibit telling others not to post.

 

And just because you don’t want to hear the truth about the type of immigration fraud you’re contemplating doesn’t mean it’s unhelpful.

No where did I say I don't want to hear the "truth" I asked a specific question about a link and the crazy cat replied "look it up". 

 

Obviously I had already looked it up but was asking for more help, the reason why she wrote "look it up" was in retaliation of my comment of "look it up" which is not helpful. 

 

She can definitely write whatever she wants, but if she's not going to helpful and just try to be unkind then I'd rather her not waste her time writing unhelpful comments on my thread. 

 

Do not twist this around and think I don't want to hear things because I either don't agree with them or because YOU think I'm trying to attempt some sort of "fraud". 

 

I am open to hearing helpful information from everyone and want to know what is legal and what isn't so I can make the right choice. 

[Boiler 43,630]

8 minutes ago, Pinkclouds said:

 

Once I return when does/how long will it take for USCIS see me as maintaining my residency?

 

 

Yes, I've been told this multiple times but are you specifically speaking of CBP or USCIS?

Assuming you are let in with no issue you are good to go and you can take the child.

[Pinkclouds 3]

1 hour ago, carmel34 said:

The legal way is for you to:

 

1.  Finalize your divorce with your US citizen husband.  Back in July you said you were still married.  When was your divorce final?  When did you get married in the UK to your new husband?

2.  Try to return to the US as soon as possible and hopefully they let you in as you've been out of the US for a long time.  You will not be able to bring your new baby with you.  Every day that you delay the re-entry increases the probability that the CBP officer will give you a hard time.  The advice you got back in July is the same--don't sign an I-407, etc.  You may end up in immigration court where a judge will decide whether or not you abandoned your LPR status.

3.  Assuming that you did not get married in the UK until after your divorce in the US was final, file an I-130 petition for your new husband and include the new baby as a derivative after you get to the US and re-establish residency, get a job, apartment, bank account, driver's license, etc.  Your husband and baby will have to remain in the UK for 1-2 years while the process to get visas to immigrate plays out.

 

If you cannot leave your baby in the UK in the care of your husband for 1-2 years, your best option is to stay in the UK and make a life there as a family.  So you have a tough choice to make.

I've already assumed that I will be going in front on an immigration judge. Even if I do, I don't mind doing it. If it means I lose my LPR then so be it, I have reasons as to why I've been out of the country for so long. If they seem that as unacceptable, I will accept their judgement. 

 

I understand because I have been out of the country longer than expected, it is a possibility that the link I posted would not apply to me, however I have been told I can legally bring my child with me. I may have to contact an immigration lawyer, as now I am hearing conflicting opinions.

[Pinkclouds 3]

1 minute ago, Boiler said:

Assuming you are let in with no issue you are good to go and you can take the child.

Yes, I've been told this before as well. 

 

Do you know how long I will take to maintain my residency, so I can file a CR1? Or AOS legally when the time is right?

[Family 3,536]

45 minutes ago, carmel34 said:

Finalize your divorce with your US citizen husband

OP, you risk losing custody of your first child for abandonment, since you have been absent for so long. ..I imagine your soon to be ex will make it difficult but all you have to do is SHOW UP and PICK UP being a part of that child’s life …family courts really favor both  parents involved in kids life.

You risk your own LPR status if you don’t get on a plane with your new baby and return . The longer you wait the more difficult it will be.

 

Your new relationship ( father of newborn) can visit w his ESTA …and hopefully HE allows you to take this child with you as you navigate life. 
 

IF he doesn’t, then HE takes care of baby, while you get back to the US , see your firstborn and settle your divorce. 
 

IF you cannot stay in the US for long , then plan for a couple of months , file I-131 rentry permit , wait to do biometrics, settle your divorce, spend time with oldest child…

 

I am beginning to think you gave up custody in favor of a speedy divorce…so you can marry your new fellow….DONT DO IT ! 
 

 

 

 

 

[Boiler 43,630]

Theoretically you could file now, strikes me as being a bit risky, I think I would have it ready and file as soon as you get back. 

[Ontarkie 13,936]

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[Pinkclouds 3]

2 minutes ago, Boiler said:

Theoretically you could file now, strikes me as being a bit risky, I think I would have it ready and file as soon as you get back. 

Are you talking about divorce?

[Pinkclouds 3]

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

[Boiler 43,630]

Theoretically you could file now, strikes me as being a bit risky, I think I would have it ready and file as soon as you get back. 

[Family 3,536]

7 minutes ago, Boiler said:

Theoretically you could file now, strikes me as being a bit risky, I think I would have it ready and file as soon as you get back. 

File what. ?

 

[Family 3,536]

4 minutes 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?

Your question is a bit unclear…..there is NO FORMAL “ recognition “. You are in great shape the moment you enter.

 

I explained earlier IF you don’t want to stay ….do rentry see previous post

[Boiler 43,630]

12 minutes ago, Pinkclouds said:

Are you talking about divorce?

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

[SalishSea 16,835]

16 minutes ago, Pinkclouds said:

Yes, I've been told this before as well. 

 

Do you know how long I will take to maintain my residency, so I can file a CR1? Or AOS legally when the time is right?

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.