AOS on ESTA as spouse of US citizen

[liamthepianist 1]

Hi there

 

I've read a few stories of people in roughly the same position as we are in now, and they have all somehow been successful.  The specifics however may be a little different and so I ask for advice.  Here are our details followed by our ultimate question-

 

• My wife is a US citizen.  We applied for the spousal visa and have only received the NOA1 (around 8 months ago)
• I am from the UK and can obtain the ESTA (I have used this twice for a few months at a time in the summers whilst visiting my wife's family etc)

 

I am thinking of simply going out there on the ESTA, filling for adjustment of status and also filing for the work permit which will allow me to work whilst awaiting the decision of the adjustment of status.  Again, I have read cases of couples doing this and having total success - the only difference is that we have an I-130 already pending and I'm not sure if this would cause us any difficulty.

 

Answers will be greatly appreciated

Many Thanks

[Tom169 54]

It's illegal to enter the US on the Visa Waiver Program with the intent to remain and adjust status.

 

Terrible idea. More so by the fact you already have documented immigrant intent by the fact you're already married and have a pending petition!

 

Put your head in front of your heart and wait it out. It will likely be not much longer. 

[liamthepianist 1]

Thanks Tom169

 

I see you are also from the UK.  I believe I did a terrible thing - I filed with the US rather than filing directly with the London Embassy and I have no way to move my case to the London Embassy.  Apparently they are much quicker to get everything done!

 

Any ideas?

 

Grateful

Liam

[Crazy Cat 42,588]

Entering the US via ESTA or a non-immigrant visa with the intent to Adjust Status is not allowed.  It is fraud.....and it can result in severe consequences as stated in this article:

 

https://www.soundimmigration.com/can-i-enter-on-a-visitors-visa-b-2-and-then-adjust-status-to-permanent-resident/

[Tom169 54]

1 minute ago, liamthepianist said:

Thanks Tom169

 

I see you are also from the UK.  I believe I did a terrible thing - I filed with the US rather than filing directly with the London Embassy and I have no way to move my case to the London Embassy.  Apparently they are much quicker to get everything done!

 

Any ideas?

 

Grateful

Liam

Filing a petition with the US consulate in London, sometimes referred to as Direct Consular Filing, is only when the US citizen lives in the UK too.

 

If this was the case then sure it may have been quicker. However, filing via the US isn't terrible or the end of the world, just takes longer. 

[Crazy Cat 42,588]

One more thing-  It has been stated that this site is monitored by USCIS.  In addition, the moderators of this site have zero tolerance for anyone even remotely discussing visa/immigration fraud as you did in the original post.

 

EDIT:  Misrepresentation when entering the US can result in big, big problems.

Edited December 25, 2017 by missileman

[yuna628 9,747]

OP: at this point you are 8 months in and have already spent the money - spousal visas can take up to a year or so. Therefore it's only some more months of waiting. Yes you'll have some more of the process to go through, but then it's done, you'll have a green card and can move forward together with your lives.

 

As others have told you, what you proposed in the first post was fraud. You're going to find that with immigration things take a great deal longer than you anticipate. You could always have the USC put in an inquiry with a congressperson if you feel it's taking too long.

[geowrian 22,338]

2 hours ago, liamthepianist said:

I am thinking of simply going out there on the ESTA, filling for adjustment of status and also filing for the work permit which will allow me to work whilst awaiting the decision of the adjustment of status.

You are thinking of committing visa fraud. Do not do this.

 

2 hours ago, liamthepianist said:

 Again, I have read cases of couples doing this and having total success - the only difference is that we have an I-130 already pending and I'm not sure if this would cause us any difficulty.

This is not the only difference. Be very careful when reading about other people's circumstances and relating them to your own. Many times, there are key differences that you may not be aware of.

You are permitted to AOS after entry via an ESTA. You are NOT permitted to enter the US with intent to do so. This is a massive difference.

[Dashinka 24,900]

As @missilemanstated USCIS does keep tabs on immigration boards like VJ, and since you have already stated the potential intention of coming on an ESTA and staying it could jeopardize a lot.  When you attempt entry and CBP questions your intent what would you tell them?  As @geowrianmentioned it is the intention at the time of entry that is the big distinction.

 

Considering it is only a few more months of waiting or the CR1, I would think it would be best to wait it out.

 

Good Luck!

Edited December 26, 2017 by Bill & Katya

[Dutchster 1,107]

If you plan on doing so, just make sure you let the CBP officer know you want to adjust status.

They can help you very good, and will gave great advice. Your adjustment will be very successful.

Edited December 26, 2017 by Dutchster

[TNJ17 1,329]

That is fraud. We are all waiting long horrible months to be with our loved ones. Some even longer than you. What makes you so special that you can cut in line ahead of everyone else?!? 

2 hours ago, Dutchster said:

If you plan on doing so, just make sure you let the CBP officer know you want to adjust status.

They can help you very good, and will gave great advice. Your adjustment will be very successful.

Best advice ever. Please do this. 

[Boiler 46,294]

It is at times like this we need to remind ourselves of the VJ ToS.

 

My Bible, should be yours.

[mindthegap 2,610]

19 hours ago, liamthepianist said:

 I believe I did a terrible thing - I filed with the US rather than filing directly with the London Embassy and I have no way to move my case to the London Embassy.  Apparently they are much quicker to get everything done!

Yes, a couple of months start to finish.

However, only possible if the spouse has the lawful right to reside in the UK (basically is there with anything except a tourist visa). There are no minimum length of residence requirements for the US spouse for London DCF.

 

Does this apply to you?

 

19 hours ago, liamthepianist said:

 Again, I have read cases of couples doing this and having total success

Does it happen? Yes.

It is legal to do with prior intent to adjust? No.

 

Are you willing to lie to a CBP officer? (Note - the potential consequences of this are not to be underestimated).

 

 

A lot of people wait....you are further down the line than many are, so why risk screwing it up now?

 

 

 

 

Edited December 26, 2017 by mindthegap