Visiting my USC husband on an ESTA whilst CR1 is processing

[SteveInBostonI130 3,319]

3 hours ago, Bill Oxner said:

It's allowed, I just read some guys post and his wife from Philippines just got to USA on a Tourist Visa and they are now planning on just having her stay and adjust status.  He was planning on going back to Philippines with her soon, but I advised him to wait for a while since he as having surgery in USA soon.

 

I wasn't aware that was allowed but is a really nice option 

 

It is not allowed to enter on a B2 or ESTA with the intent to adjust status. That is violating the terms of the B2/ESTA and misrepresentation of purpose of entry if the intent is not disclosed.

[demijonas 1]

Just now, SteveInBostonI130 said:

 

It is not allowed to enter on a B2 or ESTA with the intent to adjust status. That is violating the terms of the B2/ESTA and misrepresentation of purpose of entry if the intent is not disclosed.

The original comment was edited below somewhere by the commenter. The husband had urgent heart surgery so the wife was able to adjust whilst there to care for him. I think the original comment just missed out some of that vital info.

[Bill Oxner 18]

14 minutes ago, SteveInBostonI130 said:

 

It is not allowed to enter on a B2 or ESTA with the intent to adjust status. That is violating the terms of the B2/ESTA and misrepresentation of purpose of entry if the intent is not disclosed.

No doubt it isn't allowed, Did I ever say it was allowed?  Nope never did, don't know why in the world you are even copy and pasting my post.

 

The OP had already said like 12 hours ago she was aware it was illegal to come to USA on B1/B2 with intent to adjust, Did you not read that from her post?

 

It was something like this :  Crazy Cat Said : You cannot enter the US as a visitor with the intent to stay and adjust status.  That would be visa fraud.  Be prepared to show proof of your strong ties to home country.

 

OP  demonjonis  answered : Yes I'm aware of this. I was just making note of the fact that I've recently come across some people doing this, when their original intent was to go and just visit as normal and go home to finish the process but for whatever reason, they have switched to AOS. I know intent is determined at the borders by an officer so just wasn't sure if switching was even allowed at all.

 

 

[Bill Oxner 18]

17 minutes ago, demijonas said:

The original comment was edited below somewhere by the commenter. The husband had urgent heart surgery so the wife was able to adjust whilst there to care for him. I think the original comment just missed out some of that vital info.

Actually from reading a few of his posts that are spread out.

 

The wife just got here like last week for her husbands surgery via emergency tourist visa from Philipppines.  Now he was asking about having her just stay her and adjust, from his other post he as planning on going back with her to Philippines in like 3 months after he had his surgery.   

[BLC 112]

2 hours ago, demijonas said:

How far along in the process are you guys after filing in July?

We are still awaiting approval of our petition, so still at USCIS stage (ugh!). The estimated processing time that USCIS is showing for our case is showing 4 weeks left -lol I take that with a grain of salt, though, but a very hopefully it’s true! I would love to be able to receive that good news with my husband next to me 😃

How far in are you guys?

 

 

Edited March 19, 2023 by BLC
Fix typo

[Bill Oxner 18]

1 hour ago, demijonas said:

The original comment was edited below somewhere by the commenter. The husband had urgent heart surgery so the wife was able to adjust whilst there to care for him. I think the original comment just missed out some of that vital info.

Just to follow up

 

I had advised him not to go back to Philippines until he was a 100%. In case he needed medical attention he would more than likely not leave Philippines alive.

 

I was stuck in Philippines hosptial from late May to early July, it horrible compared to USA standards, cats roaming the halls, old equipment and lack of equipment, they never gave me oxygen after surgery, I got a bed sore and the private hospital gave me diaper rash medicine to apply.

 

My wife had to stay in my room 24/7 and pay for all medicines at the pharmacy and take them to the RN to adminsiter to me, that is the way hospitals run in the Philippines,  She bathed me, feed me, changed the sheets daily that is why they make you have someone live in your hospital room 24/7.

 

My wife bascially never left the hospital room for 2 months.  I got back to USA in July of 2023. She had to send her sister to immigration everymonth to pay for a visa extension so I wouldn't get black listed from returning to Philippines, my one month trip turned into a 3 month trip, I had to have the same operations done again in USA since they botched it in the Philippines, I couldn't fly home which I was hoping to do, due to my injury and have the operation done in USA in the first place.

 

My wife will be coming back to USA next month, and we won't return to Philippines until I am 100% healed and can walk normal again, I suspect that won't be for at least a year.  I will take a short trip to Cancun in October and give a test run to see how I can walk.

[Boiler 43,438]

Presumably your plan is to carry on your business when you move to the US, maybe look at a L1?

[SalishSea 16,772]

19 hours ago, demijonas said:

Yes I'm aware of this. I was just making note of the fact that I've recently come across some people doing this, when their original intent was to go and just visit as normal and go home to finish the process but for whatever reason, they have switched to AOS. I know intent is determined at the borders by an officer so just wasn't sure if switching was even allowed at all.

You would have to lie to CBP.   That would not be smart.

 

And you would be stuck in the US without a way to travel or work (even remotely, even as self-employed) for up to a year.

 

Think carefully about how you want to do things.

[SalishSea 16,772]

8 hours ago, demijonas said:

Can see your original post was edited as it didn't say that to begin with. Thanks for the heads up, but I was merely replying to the commenter about someone else's situation. Nothing to do with mine as I have said I'll be doing consular processing and just wanted to know how it was even legal to switch. Thanks!

This thread is reading as if you are investigating doing something fraudulent, just FYI.

[Sukie 1,439]

OP, yes, you can visit on your ESTA.  Just be careful.  We did it (Australia) during our journey, but we kept visits to about 80 days max, and did the twice-as-long-out-as-in route.  We were also VERY prepared to say, "Yes, I am am married to a US Citizen, but we have filed the I-130, and we do not want to jeopardize the process at all.  I am going back to Australia, and we will follow all the rules."

 

We had no issues.

 

Best of luck on the (too long) journey!!!

 

Sukie in NY

[demijonas 1]

9 hours ago, BLC said:

We are still awaiting approval of our petition, so still at USCIS stage (ugh!). The estimated processing time that USCIS is showing for our case is showing 4 weeks left -lol I take that with a grain of salt, though, but a very hopefully it’s true! I would love to be able to receive that good news with my husband next to me 😃

How far in are you guys?

 

Ugh, so 8 months in now for you guys. We are yet to file as we're waiting for our marriage certificate to come back. We got married on March 1st. Forgive me for being a little clueless on the full entire process, but once USCIS approve the petition, is that the approval of the green card and you get the okay go? Or is there another huge fuss after this too?

Edited March 19, 2023 by Ryan H
Reason for edit: to separate reply from quote

[demijonas 1]

1 hour ago, Jorgedig said:

This thread is reading as if you are investigating doing something fraudulent, just FYI.

Odd but appreciate your comment. My whole (quite lengthy) post was asking for advice on entering to the US on my ESTA and how many times I can come and go. I was also asking for any other people in a similar situation so I can see some real life examples and hopefully some put my mind at ease. To be quite honest, I was asking because it seems as though a cop out for people switching to AOS and getting away with it and some of the threads kind of made me a bit jealous/pissed while a lot of people are waiting excruciatingly long times to be reunited, which is exactly what will happen to me and my spouse depending on however long USCIS decide to take with our petition. I'm married to an Active Duty USC in the Marine Corps and you can literally be given dishonourable discharge for this so I can assure you, we are doing things the correct and LEGAL way. 

[SalishSea 16,772]

22 minutes ago, demijonas said:

 

The USCIS process (petition approval) is only the first step.   The approved petition goes to the NVC, and the petitioner must upload requested documents.   Once documentarily approved,  it is dispatched to the consulate.   Entire process takes 18-24 months.

 

Is this the first you are investigating the visa process?

[Boiler 43,438]

As far as the VWP is concerned

 

Avoid long trips

 

Stay our for twice as long as you were in

 

You should be ok, last thing you want is a trip to Secondary

 

[B&DT 5]

I visit my husband on esta without problems, i have return ticket. Been asked a few questions, but no problems at all !!

 

You are completely fine staying your 90 days on esta or the full length of visa !!