Adjustment of status from ESTA

[LostSpaniard 0]

Hello everyone. I’m on here to ask for advice from people who have experience with the adjustment of status while in the US. 
 

I am Spanish and my wife is from the US. We met online two years ago and met over a year ago in person and have been visiting each other since, meeting each other’s family and friends. We got engaged in new years 2022 and decided to get married in Spain to file for the CR1 visa. 
 

we found out we were expecting a baby in early February and decided to get married sooner in Spain to start the visa process. However because of work and Spanish bureaucracy we decided it was easier to get married in the US with intent to going back together to Spain. 
 

once we were in the US and married, we had several medical visits about the baby and it was taking a huge toll on both on us the massive immigration challenge we had ahead and did not want to raise the child in two countries while waiting for the visa.
 

She suggested we explore the AoS route but I’m worried the government might think we were committing visa fraud. In our defense we had already paid for the health insurance for her in Spain and were looking at apartments to rent together there. 
 

Is our case viable? Are we doing anything wrong? 
 

thank you in advance for your help. 

[Sammy_2496 116]

Perfectly legal to adjust status from ESTA as long as you made a lawfull entry/currently in the USA and did not lie to the CBP office when you entered, intent is established at POE. Just know that you cant work or trvael for some months. Follow this guide 

Good luck and congratulations on the baby, hope all goes well

 

[Dashinka 23,349]

If you are both currently in the US and circumstances change, file away.  If you have not yet filed the I130, I suggest filing it and the AOS package (I485/I131/I765/I864) altogether via paper.

 

Good Luck!