AOS while on an esta with a pending I-130

[ShannonAirey96 3]

Hi everyone. So I was in the US from December until March, we got married, I filed an i-130 and left the country. I came back to the US on the 19th June only intending to stay for a week as our bridal party was on the 25th so this was the reason I was coming. However I decided to stay a little longer as it feels so good to be back with my wife and our cats. Unexpectedly my wife’s car broke down and it’s costing just shy of $2000 to fix and we are already in a sticky place financially. My wife also suffers a lot with her mental health and I really don’t want to have to leave her while she is this fragile. I don’t work back in the UK and I have just enough saved for a flight home which will cost roughly the same as an AOS. Does anyone know if this would be possible? I had no intentions to stay when I first came and I got inspected by an officer who let me through. Another reason I’m worried is I have to come back in November for our main wedding party and scared if I leave I won’t have the funds to get back. Any help is greatly appreciated! Thank you

[Timona 4,207]

You can stay and request your I-130 to be converted to AOS. I think that's what someone did a while back. It's a new area for me, so don't have much.

 

[Daphne . 1,877]

If money is that tight, it will be a challenge for you doing AOS now because you won’t be able to work in the US for many months!

 

Wouldn’t it be more sensible to go back and try to find a new job in the UK and continue with your CR1/IR1 and also so you have a little more of a financial buffer? 
 

If plans changed, of course you can do AOS, but honestly I am not sure if that is the best option in your case.

 

I get it, being apart is very difficult and I think we all had very challenging periods, which made us open to making emotional and short term decisions instead of long term decisions

Edited July 16, 2022 by Daphne K

[powerpuff 6,714]

I’m a bit stumped on why someone would do AOS when finances seem to be an issue. You won’t be able to work for many months to come, it just doesn’t make sense to me personally how lack of finances is the reason to adjust status. But you’re free to do as you wish, good luck on your journey. There are immigration guides here on VJ that explain step by step process for your situation

Edited July 16, 2022 by powerpuff

[SalishSea 17,852]

28 minutes ago, ShannonAirey96 said:

Hi everyone. So I was in the US from December until March, we got married, I filed an i-130 and left the country. I came back to the US on the 19th June only intending to stay for a week as our bridal party was on the 25th so this was the reason I was coming. However I decided to stay a little longer as it feels so good to be back with my wife and our cats. Unexpectedly my wife’s car broke down and it’s costing just shy of $2000 to fix and we are already in a sticky place financially. My wife also suffers a lot with her mental health and I really don’t want to have to leave her while she is this fragile. I don’t work back in the UK and I have just enough saved for a flight home which will cost roughly the same as an AOS. Does anyone know if this would be possible? I had no intentions to stay when I first came and I got inspected by an officer who let me through. Another reason I’m worried is I have to come back in November for our main wedding party and scared if I leave I won’t have the funds to get back. Any help is greatly appreciated! Thank you

How do you support yourself if you do not work?

 

If scraping up $2k for a car repair is a challenge, I don't see you being able to afford to AOS, which would mean your wife sponsoring you, and you not working for up to 8 months.

 

Immigration is not cheap.

[ShannonAirey96 3]

24 minutes ago, Daphne K said:

If money is that tight, it will be a challenge for you doing AOS now because you won’t be able to work in the US for many months!

 

Wouldn’t it be more sensible to go back and try to find a new job in the UK and continue with your CR1/IR1 and also so you have a little more of a financial buffer? 
 

If plans changed, of course you can do AOS, but honestly I am not sure if that is the best option in your case.

 

I get it, being apart is very difficult and I think we all had very challenging periods, which made us open to making emotional and short term decisions instead of long term decisions

Thank you very much for your reply! I agree with the finances, we are still trying to figure out if we could afford to go this route but was just wondering if it is legal to adjust status on an Esta?

[ShannonAirey96 3]

14 minutes ago, powerpuff said:

I’m a bit stumped on why someone would do AOS when finances seem to be an issue. You won’t be able to work for many months to come, it just doesn’t make sense to me personally how lack of finances is the reason to adjust status. But you’re free to do as you wish, good luck on your journey. There are immigration guides here on VJ that explain step by step process for your situation

Thank you for the reply! We only have an issue with finances at the minute as my wife has just transferred over from one job to a different one but once everything settles things should be better. We are still trying to figure out if this route would be an option legally. Thank you 😊 

[Daphne . 1,877]

Just now, ShannonAirey96 said:

Thank you very much for your reply! I agree with the finances, we are still trying to figure out if we could afford to go this route but was just wondering if it is legal to adjust status on an Esta?

Technically, yes it is legal if plans changed. The CBP officer who let you enter was satisfied that you were not at risk of adjustment of status, so they let you in. You did not misrepresent yourself in any way? What did they ask you and what were your answers? 

[ShannonAirey96 3]

8 minutes ago, Jorgedig said:

How do you support yourself if you do not work?

 

If scraping up $2k for a car repair is a challenge, I don't see you being able to afford to AOS, which would mean your wife sponsoring you, and you not working for up to 8 months.

 

Immigration is not cheap.

Thank you for your reply! I used to work but got laid off late last year and have been living off my savings since. Money is tight at the minute as my wife is switching jobs and pay/rent don’t add up but we are still trying to work things out and before diving any deeper we just wanted to see if it was even legal. Thank you 😊 

[powerpuff 6,714]

Just now, ShannonAirey96 said:

Thank you for the reply! We only have an issue with finances at the minute as my wife has just transferred over from one job to a different one but once everything settles things should be better. We are still trying to figure out if this route would be an option legally. Thank you 😊 

It is an option legally as it seems from your post that you did not have an intention to adjust status prior to coming to the US. Also, you don’t need to file a new I-130, you just need to attach a copy of NOA1 for I-130 when you file the I-485.

[ShannonAirey96 3]

1 minute ago, Daphne K said:

Technically, yes it is legal if plans changed. The CBP officer who let you enter was satisfied that you were not at risk of adjustment of status, so they let you in. You did not misrepresent yourself in any way? What did they ask you and what were your answers? 

I was asked how long I was staying and if I intended to stay in the US. Also they asked what my job was. I told them I was only planning on staying a week, which I was and I had my return flight but they didn’t ask to see it and I told them I didn’t work at the minute. I was also travelling with my mum as she was coming for the bridal party too. I really didn’t have any intentions of staying at the time 

[ShannonAirey96 3]

2 minutes ago, powerpuff said:

It is an option legally as it seems from your post that you did not have an intention to adjust status prior to coming to the US. Also, you don’t need to file a new I-130, you just need to attach a copy of NOA1 for I-130 when you file the I-485.

Thank you very much! So it is an option as I didn’t intend to stay at the time I entered? I’ve read so many things saying it’s risky it scares me a little 😅 I’ve also heard you should wait 90 days I’m not sure if you know anything about that? Thank you for helping me and answering my questions! 😊

[Daphne . 1,877]

1 minute ago, ShannonAirey96 said:

I was asked how long I was staying and if I intended to stay in the US. Also they asked what my job was. I told them I was only planning on staying a week, which I was and I had my return flight but they didn’t ask to see it and I told them I didn’t work at the minute. I was also travelling with my mum as she was coming for the bridal party too. I really didn’t have any intentions of staying at the time 

Okay, so you should be good to go then! I still think AOS is a terrible process and reality will kick in very quickly, but other than that, no issues! 

[ShannonAirey96 3]

Just now, Daphne K said:

Okay, so you should be good to go then! I still think AOS is a terrible process and reality will kick in very quickly, but other than that, no issues! 

Ok thank you very much for helping me! I hate this whole process I just wish I was able to be here and start my life properly with my wife 😅 But I know patience is key with all of this! Thank you 😊 

[Daphne . 1,877]

Just now, ShannonAirey96 said:

Ok thank you very much for helping me! I hate this whole process I just wish I was able to be here and start my life properly with my wife 😅 But I know patience is key with all of this! Thank you 😊 

Sure thing! And no need to wait, file as soon as possible.