I am French and my wife is American.
I am in the US through the Visa Waiver Program (VWP / ESTA). This touristic "visa" allows me to stay in the US for 90 days.
More and more I am thinking about staying in the U.S.
I believe that I can adjust my status and become a US resident.
Here are the infos that I found:
1. I can adjust status by filing I-485
2. My AOS package should include:
- I-485 filed by myself
- I-944 filed by myself
- I-765 filed by myself
- I-864 filed by my wife for me
- I-130 filed by my wife for me
- Evidences of everything
3. You are inadmissible for AOS if adjusting from the Visa Waiver Program EXCEPT IF you are a relative of a U.S. Citizen (such as spouse, which I am)
4. You can file for AOS even after the 90 days of your authorized period from the Visa Waiver Program IF you are a relative of a U.S. Citizen (such as spouse, which I am)
5. I can stay in the U.S. while waiting for my AOS approval, even if my current visa expires
6. If I add form I-765 to my package, I should receive a Work Authorization after around 140 days
7. My wife should make 125% of the Federal Poverty Guideline ($21.550/year for a married couple as a household)
I am sure that I am still missing a lot of infos, but here are my main concerns :
2. I saw somebody online saying that we need to file I-130 first, wait for approval, and then file I-485, is that true?
7. We were living in France till now, my wife moved to France years ago, she never filed a tax return in the U.S. She just got a job here, making $30.000/year. Would 3 months paychecks, her work contract and $15.000 in savings be enough to file I-944, I-864, necessary for my adjustment of status?
I probably have more questions that I am not thinking about right now.
Thanks to everyone who will review what I listed and give me their thoughts about what we should do.
Have a nice day!