Julia ST

Thank you all for your advice. I didn't realize that adjustment of status was the way to go, and while I have evidence to prove that I was offered a job after our entrance to the United States, it's even better if I don't have to prove intent as you say. Will look into the guides. Thank you again!

My French husband recently entered the United States under a visa waiver (ESTA). He had a return ticket to France, and in fact we both planned to return to Europe while I was applying for jobs (worldwide) as I was finishing my PhD program. However, three weeks after entering the United States I was offered a job, which I accepted.

My question is whether my husband can apply to adjust his status from the ESTA visa to an immigrant visa (CR1)? I have read online that this can cause some problems, if the authorities believe that we entered the United States with the intent to immigrant. However, when we entered the country I was still in the process of applying for jobs and I only received the job offer 3 weeks and 1 day after entering the country. Therefore I'm hopeful that we can prove that his intent was not to immigrate.

Any advise on the matter would be appreciated, especially the difficulty/danger of applying for an adjustment of visa status (from ESTA to CR1)...especially as the CR1 could take some time, and may mean that we have to live separately for many months.

Thank you!