AOS on ESTA (already filed CR1)

[Sarah G 179]

Hey all

 

Before anyone blows up at me, I'm asking this because I genuinely don't know. Not because I'm trying to be a bad person or circumvent the system or jump the line etc etc etc. 

 

So. In January this year my husband (USC) filed the I-130. It is in Nebraska. We probably won't get it approved before December... If we are lucky. 

 

I am now in the US, I've been here a week. I entered on an ESTA and currently the plan is that I will return to the UK in July, within the 90 day limit. 

 

My husband is very keen for me to stay and wants to explore the option of adjusting status so that I don't have to leave in July. Today he contacted an immigration lawyer and set up an appointment for Monday of next week. 

 

Obviously, I would love to stay with my husband but there are lots of things to consider before deciding whether or not to file for AOS from ESTA. I see pros and cons to both options and actually right now I'm leaning towards continuing with the CR1 process and waiting it out. 

 

What I want to know is, if we were to file the AOS, what would happen if it was denied? I believe I would need to wait for 90 days from entry to file in any case as filing before 90 days is presumed visa fraud. So automatically I'm going to be an overstay. If it gets denied, am I looking at a bar on entry after I leave? How long does EAD and AP take to arrive while the petition is pending? How long does AOS even take?? Do we really need a lawyer for this? 

 

I have searched around a bit on here but I think I must be using the search function incorrectly as I always get 'no results'. 

 

I know a lot about CR1 but am absolutely clueless on this AOS stuff as we were never planning on doing it. Advice gratefully received. 

 

Thank you. 

 

 

 

 

[little immigrant 801]

10 minutes ago, Sarah G said:

What I want to know is, if we were to file the AOS, what would happen if it was denied? Then you go back home  I believe I would need to wait for 90 days from entry to file in any case as filing before 90 days is presumed visa fraud. So automatically I'm going to be an overstay. If it gets denied, am I looking at a bar on entry after I leave? 180 continuous days but less than one year it will be a 3 year bar, if it is more than 365 continuous days it will be 10 years. How long does EAD and AP take to arrive while the petition is pending? currently ~6 months How long does AOS even take?? ~1.5 years Do we really need a lawyer for this? up to you

Answers above in bold

 

Also keep in mind you cannot travel back home or work while adjusting until you have your EAD/AP. For this reason it's better to stick with the CR1. I don't know if the I-130 can be converted or needs to be filed again. 

Edited April 30, 2019 by little immigrant

[Lil bear 4,350]

6 minutes ago, Sarah G said:

Hey all

 

Before anyone blows up at me, I'm asking this because I genuinely don't know. Not because I'm trying to be a bad person or circumvent the system or jump the line etc etc etc. 

 

So. In January this year my husband (USC) filed the I-130. It is in Nebraska. We probably won't get it approved before December... If we are lucky. 

 

I am now in the US, I've been here a week. I entered on an ESTA and currently the plan is that I will return to the UK in July, within the 90 day limit. 

 

My husband is very keen for me to stay and wants to explore the option of adjusting status so that I don't have to leave in July. Today he contacted an immigration lawyer and set up an appointment for Monday of next week. 

 

Obviously, I would love to stay with my husband but there are lots of things to consider before deciding whether or not to file for AOS from ESTA. I see pros and cons to both options and actually right now I'm leaning towards continuing with the CR1 process and waiting it out. 

 

What I want to know is, if we were to file the AOS, what would happen if it was denied? I believe I would need to wait for 90 days from entry to file in any case as filing before 90 days is presumed visa fraud. So automatically I'm going to be an overstay. If it gets denied, am I looking at a bar on entry after I leave? How long does EAD and AP take to arrive while the petition is pending? How long does AOS even take?? Do we really need a lawyer for this? 

 

I have searched around a bit on here but I think I must be using the search function incorrectly as I always get 'no results'. 

 

I know a lot about CR1 but am absolutely clueless on this AOS stuff as we were never planning on doing it. Advice gratefully received. 

 

Thank you. 

 

 

 

 

Intent is assessed on entry so you can adjust status if you wish 

 

biggest impact .. you can’t work,  or return to the US if you leave, until you receive Employment Authorisation Card and  Advanced Parole (travel permit ) Card  ... 5 to 6 months after submitting your  AOS... which can only take place when you are married and have all your documents in hand. If you leave without the AP you will abandon the process and start all over again 

So if that works for your situation.. go for it..   You also may not be able to drive... state by state licensing differences 

[Boiler 46,250]

You can file now

 

AP/EAD 4 to 6 months?

 

GC varies a year or so?

 

Why would you get denied?

[Ontarkie 14,542]

~~Moved to AOS from Work, STudent and Tourist Visas, from Bringing Family of USC~~

[Sarah G 179]

Just now, Boiler said:

You can file now

 

AP/EAD 4 to 6 months?

 

GC varies a year or so?

 

Why would you get denied?

There is no reason that I know of that I would be denied, we have a legit marriage and all that good stuff. But I think it's good to know what the consequences are of all possibilities. Is it true that I need to wait 90 days to file, if we decide to go ahead with this? 

[Boiler 46,250]

1 minute ago, Sarah G said:

There is no reason that I know of that I would be denied, we have a legit marriage and all that good stuff. But I think it's good to know what the consequences are of all possibilities. Is it true that I need to wait 90 days to file, if we decide to go ahead with this? 

No need to wait.

[Lil bear 4,350]

1 minute ago, Sarah G said:

There is no reason that I know of that I would be denied, we have a legit marriage and all that good stuff. But I think it's good to know what the consequences are of all possibilities. Is it true that I need to wait 90 days to file, if we decide to go ahead with this? 

No, you don’t. 

[jakejon 1,197]

Hey!

 

I think you will have far more advantages of pursuing the CR-1 route you've already chosen vs AOS from ESTA and will be extremely grateful once you get the CR-1 visa in your passport.

 

I came on a K1 and it's been a real struggle waiting for the EAD/AP and long wait still to go for the GC-but that's the informed choice we made as a couple. Processing times have increased recently to 5-7 months for EAD/AP and some are not even lucky to get it within that time despite putting in 1-2 service requests already for being out of normal processing times; 7 months+ 

 

I wish you every success and hope that with whatever decision you make that you let your head rule over your heart with comparing the two  

Edited April 30, 2019 by jakejon

[Mistermanga 3]

14 hours ago, Boiler said:

You can file now

 

AP/EAD 4 to 6 months?

 

GC varies a year or so?

 

Why would you get denied?

just pay attention when you will have the interview for AOS. to apply for an I-485 starting from and ESTA (that is only the fast version of a B1/B2 Visa) is possible but only if you are able to proof that your first intention when you entered in US was to come back to your country. if, for any reasons, the IO will understand that you moved in US with the intention to STAY and Apply as Permanent Resident,  your case will be classified as FRAUD. as consequence, you could have a life ban and your petitioner could have consequences too.

 

i believe that you marriage is absolutely a bona fide marriage , so be ready to bring with you all the proof about your intention to travel back at the end of your 90 days. 

last but not lease, to hire a lawyer it's a decision that is up to you.  In my case, we hired the lawyer. the result has been NO RFE (so, no delays) and the right advices to prepare the interview in the less stressful way. 

 

good luck

 

[Boiler 46,250]

1 minute ago, Mistermanga said:

just pay attention when you will have the interview for AOS. to apply for an I-485 starting from and ESTA (that is only the fast version of a B1/B2 Visa) is possible but only if you are able to proof that your first intention when you entered in US was to come back to your country. if, for any reasons, the IO will understand that you moved in US with the intention to STAY and Apply as Permanent Resident,  your case will be classified as FRAUD. as consequence, you could have a life ban and your petitioner could have consequences too.

 

i believe that you marriage is absolutely a bona fide marriage , so be ready to bring with you all the proof about your intention to travel back at the end of your 90 days. 

last but not lease, to hire a lawyer it's a decision that is up to you.  In my case, we hired the lawyer. the result has been NO RFE (so, no delays) and the right advices to prepare the interview in the less stressful way. 

 

good luck

 

Please do not post misleading info.

[Mistermanga 3]

25 minutes ago, Boiler said:

Please do not post misleading info.

it's not my intention. why you said misleading info?

[JFH 12,191]

We've all been through this dilemma on a visit. I went through it over and over. The desire to 'just stay' was so strong on one occasion that we actually turned round on the way to the airport, I was on the phone changing my flight as my husband drove us back to his place. I changed it to add another week whilst we worked out what to do next. I just could not face leaving him again. No one can. Not one of us here loves their spouse any less than you do so we all completely understand the situation.

 

If you want to stay and adjust you can. No need to wait. Intent is determined by CBP upon entry and they let you in because they were convinced that you had no intention of staying. So you're good on that aspect of things.

 

But what forced me to carry on with the CR-1 (I did leave again after we changed my flight), was the fact that for us immigration and marriage is a long-term decision which requires long-term sensible planning, rather than impulsive decisions based on immediate desires. I spent 7 years at university doing my BA and MA and had worked my way up the career ladder far enough to know that I just couldn't sit around at home with no possibility of being able to work. I didn't go through all that to be left behind by the industry. Healthcare was an issue for me also as I have epilepsy. Also the thought of asking people back home to pack up my stuff, clean my room, return they keys, ship my belongings, etc just because I couldn't bear to be apart from my husband for a few months (that's all it will be for you if you go back in July) seemed rude and thoughtless. I wanted to enter the country with my immigrant visa and be accepted as a resident. AOSing for me, personally, was coming in through the back door and begging to be able to stay. Not for me. Not how I wanted my new life to begin.

 

if you filed the I-130 in January the worst is over. You are past the half-way mark of the usual approval time. And after that it goes at break-neck speed if you have all your documents in order and ready to go. By the time you get back in July the I-130 will be as good as done. There is as good as no waiting time for appointments in London. You'll be back again before you know it. My I-130 was approved at the end of July 2016 and I had my interview on December 6 and that was back in the days when the NVC was much slower and everything had to be sent by mail. I spent 49 days at the NVC. A few weeks seems to be the norm now.

 

And if you wait until you have the CR-1, know that you will be a full permanent resident when you arrive. Able to work. Able to travel. Able to drive. No waiting. No worrying about AOS being denied.

[JFH 12,191]

14 minutes ago, Mistermanga said:

it's not my intention. why you said misleading info?

Because you said that her case would be considered fraud and she would be assumed to have entered with the intent of staying. Intent is established at POE. The CBP officer decided that there was no intent to stay so she was successfully admitted. And intent alone is not enough to deny AOS for spouses. There are well-known legal cases that demonstrate this.

[Ash.1101 1,756]

44 minutes ago, Mistermanga said:

just pay attention when you will have the interview for AOS. to apply for an I-485 starting from and ESTA (that is only the fast version of a B1/B2 Visa) is possible but only if you are able to proof that your first intention when you entered in US was to come back to your country. if, for any reasons, the IO will understand that you moved in US with the intention to STAY and Apply as Permanent Resident,  your case will be classified as FRAUD. as consequence, you could have a life ban and your petitioner could have consequences too.

 

i believe that you marriage is absolutely a bona fide marriage , so be ready to bring with you all the proof about your intention to travel back at the end of your 90 days. 

last but not lease, to hire a lawyer it's a decision that is up to you.  In my case, we hired the lawyer. the result has been NO RFE (so, no delays) and the right advices to prepare the interview in the less stressful way. 

 

good luck

 

 

16 minutes ago, Mistermanga said:

it's not my intention. why you said misleading info?

Incorrect. Intent is determined at the border, if the intent is found to come in and stay in the US and AOS, you get turned around and not allowed in. Being allowed in means that it was found her intent was to come in and visit, anything that happens while visiting has nothing to do with her initial intent at the border crossing.

From what I've seen, there's never been an AOS case based on marriage that was denied on intent.

 

Edited May 1, 2019 by Ash.1101