Hi all,
Was searching this forum all day to find something similar to my situation but failed. Trying to make this short.
Back in June 2018 I entered the US with my ESTA to see my GF for 5 weeks (been together long-distance for 18 months by that time). We decided to get married at the end of my trip and 3 days after that I left the United States as I was still bound to the German military and had to get back to work.
We hadn t decided yet if we would move to Germany or settle in the US. But we decided to create our own Homebase and rent a place. So whenever my work would let me, I came over to the US to see my now wife, helped her signing the lease (we are both on it) and moved in. We have been living this life for three years now, with us traveling back and forth whenever we could.
At some point (14 months before my contract with the military ended) she told me that she doesn t want to relocate to Germany as she is not ready to give up her work/family/friends etc. which I totally understand and I didn t really care where to start over after my discharge.
My wife is a US-Citizen so she filed a I-130 petition in April 2020 for the consular processing. It got approved and forwarded to NVC some time later in 2020. We got our logins and I started gathering the documents. At some point (early 2021) we noticed that our Visa Class is categorized as F21 instead of CR-1/IR-1.
We emailed NVC several times but no answer on that (by July 2021).
And now (entered the US in June and my flight to my home country is August 5th)
that I am back home for our three-year-anniversary she is telling me to file for AOS as
we had a pretty tough discussion about I don t want to wait any longer to have my husband over here and I have been waiting for three years . I refuse to do so because I want to do it the right way, but I am willed to give in for the sake of this marriage without putting everything in jeopardy. Just trying to get some more information as the majority in this Forum is getting married with ESTA/VWP and do AOS after that.
Citizenpath says it is possible to switch from consular to AOS in their FAQs at the bottom.
https://citizenpath.com/adjustment-status-vs-consular-processing/
(please edit if I am not supposed to post links)
The mind-boggling thing is the mentioned 90-day rule. Does it affect me as we have been married for three years now? Some say it does, some say it doesn t. Some say there is no 90 day rule, some say there is.
Should I go and look for a immigration lawyer in my case?
Maybe some of you know more and advice would be appreciated.
Thank you