Adjustment of Status when In the US eligibility question

[jmacachor 0]

Hello, I'm a US citizen, my wife is from Estonia. She's actually had a greencard before but we decided to live a year in Estonia and had to forfeit her first greencard. We are wanting to move back to the states. Is she eligible for adjustment of status and can we file the I-130 and I-485 concurrently? I'm pretty sure that's how we did it last time.

Thanks in advanced.

[Ning 619]

Hello, I'm a US citizen, my wife is from Estonia. She's actually had a greencard before but we decided to live a year in Estonia and had to forfeit her first greencard. We are wanting to move back to the states. Is she eligible for adjustment of status and can we file the I-130 and I-485 concurrently? I'm pretty sure that's how we did it last time.

Thanks in advanced.

If I understand this correctly since she surrendered her green card she would have no legal status therefore she cant adjust to a different status. You will have to begin with the initial petition ( 130 ) for a CR1 or IR1 type visa.

[jmacachor 0]

Last time she came into the US with an ESTA Visa Waiver - https://esta.cbp.dhs.gov/esta/

I'm pretty sure this is ok to adjust status from...but wondering if anyone has any more info on it?

[jmacachor 0]

I just found this incase anyone is needing the information:

What’s the bottom line? If you entered the U.S. under ESTA, are an immediate relative, and live in the Ninth Circuit (Washington, Oregon, Idaho, Montana, California, Nevada, Arizona, Hawaii, Alaska, Guam and the Northern Mariana Islands), you are allowed to seek adjustment of status within the 90-day ESTA window. Under the informal CIS guidance, you are also allowed to seek adjustment after the 90-day window as long as you haven’t been ordered removed (i.e., deported). However, the best approach would most certainly be to apply within the 90-day window, rather than rely on the informal guidance. Note that if a couple will be getting married in the U.S. the timing of the marriage is extremely important (it should take place after 60 days of the entry). Also, there are further requirements for adjustment of status, this post discusses only the ESTA-related timing issue. In short, ESTA adjustment cases can be complicated, and should probably be discussed with an attorney.

http://www.pugetsoundlegal.net/2013/07/09/i-came-to-the-u-s-on-esta-can-i-adjust-status/

[kzielu 1,153]

Last time she came into the US with an ESTA Visa Waiver - https://esta.cbp.dhs.gov/esta/

I'm pretty sure this is ok to adjust status from...but wondering if anyone has any more info on it?

No, it's not. Coming to US on VWP with intent to adjust status is fraud.

[jmacachor 0]

hmm...it says right here that its ok: If you entered the U.S. under ESTA, are an immediate relative, and live in the Ninth Circuit (Washington, Oregon, Idaho, Montana, California, Nevada, Arizona, Hawaii, Alaska, Guam and the Northern Mariana Islands), you are allowed to seek adjustment of status within the 90-day ESTA window.

We are legally married and would live in California.

[Transborderwife 4,666]

hmm...it says right here that its ok: If you entered the U.S. under ESTA, are an immediate relative, and live in the Ninth Circuit (Washington, Oregon, Idaho, Montana, California, Nevada, Arizona, Hawaii, Alaska, Guam and the Northern Mariana Islands), you are allowed to seek adjustment of status within the 90-day ESTA window.

We are legally married and would live in California.

But it is NOT ok to enter with intentions of AOSing.

[jmacachor 0]

here's the official statement from USCIS if anyone needs this information:

http://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

As long as the adjustment of status is filed before the 90-day Visa Waiver Program deadline for an immediate relative of a US citizen, everything is ok.

[jmacachor 0]

then how come the official document says its ok to apply for adjustment of status if you meet the criteria?

[Transborderwife 4,666]

How clearly did you read that document? You can go ahead and try. Search on here for vwp aos fraud and see what you come up with. Just remember, a denied AOS from vwp means that she cannot: appeal the denial, waives ALL rights in regards to the removal process.

It is illegal for ANYBODY to come to the USA with a non immigrant visa with intent to immigrate. Don't think for a second that you're not being watched on this board.

[Penguin_ie 5,997]

***** Mod note: it is visa fraud to enter the USA on the VWP or a tourist visa with the intent to adjust status, and it is against our TOS to discuss such, therefor this thread is closed. Do not re-start it.*******