AOS while on an esta with a pending I-130

[powerpuff 6,714]

12 minutes ago, ShannonAirey96 said:

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! 😊

No such things as 90 days. File asap and follow the guides, good luck!

[Crazy Cat 41,918]

1 hour 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 

This information sheds a different light on your situation, imho.  If they specifically asked, and If you specifically told them you would not adjust status during an interview at POE, they could say you lied.... Also, they might not even mention it.   I have seen one case like this which was denied at the adjustment of status interview due to misrepresentation.  You should be prepared to answer questions  just in case.

Did your Mother return??

Edited July 16, 2022 by Crazy Cat

[ShannonAirey96 3]

1 hour ago, Crazy Cat said:

This information sheds a different light on your situation, imho.  If they specifically asked, and If you specifically told them you would not adjust status during an interview at POE, they could say you lied.... Also, they might not even mention it.   I have seen one case like this which was denied at the adjustment of status interview due to misrepresentation.  You should be prepared to answer questions  just in case.

Did your Mother return??

At the time I answered them questions I honestly had no intent to stay here I was due to fly back with my mum. Yes my mum did return.

[Cathi 5,758]

3 hours ago, ShannonAirey96 said:

 Also they asked what my job was. 

Did you tell them you were unemployed?

[ShannonAirey96 3]

4 minutes ago, Cathi said:

Did you tell them you were unemployed?

Yes I told them I was unemployed 

[Rocio0010 5,579]

5 hours ago, ShannonAirey96 said:

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

Wait, I thought you said you already had your return ticket, as implied in 👇

 

4 hours ago, ShannonAirey96 said:

I had my return flight

So I guess I’m confused. In your first post you said you had saved your $$ For the return ticket, but that the car unexpectedly broke down and somehow implying you had to use that money for the repair. But later you also mentioned that you already have your return flight, so which is which?

 

Regarding your original question, yes, a change of heart on an ESTA is possible and it shouldn’t be problematic as long as you didn’t misrepresent yourself at CBP. In this case, misrepresenting yourself would be to say that you don’t plan on staying when you did plan on adjusting here. Also, coming on an ESTA with the intention of adjusting is fraud. 

[ShannonAirey96 3]

2 minutes ago, Rocio0010 said:

Wait, I thought you said you already had your return ticket, as implied in 👇

 

So I guess I’m confused. In your first post you said you had saved your $$ For the return ticket, but that the car unexpectedly broke down and somehow implying you had to use that money for the repair. But later you also mentioned that you already have your return flight, so which is which?

 

Regarding your original question, yes, a change of heart on an ESTA is possible and it shouldn’t be problematic as long as you didn’t misrepresent yourself at CBP. In this case, misrepresenting yourself would be to say that you don’t plan on staying when you did plan on adjusting here. Also, coming on an ESTA with the intention of adjusting is fraud. 

Thanks for the reply. I did have a return flight on the 26th June 1 week after my arrival with my mum which I ended up not using as I decided to stay for longer. Now I no longer have a return flight but I do have the money for it. That money is not being used for the car, it is getting used on a return flight or my AOS. At the time when I said to the CBP officer I had no intentions of staying, I didn’t. I had my return flight and my travel insurance for a week. But then my plans changed. I didn’t lie to the officer, everything I said at the time was the truth.

[Rocio0010 5,579]

5 minutes ago, ShannonAirey96 said:

At the time when I said to the CBP officer I had no intentions of staying, I didn’t

Then you should be good. 

[Rocio0010 5,579]

7 minutes ago, ShannonAirey96 said:

That money is not being used for the car

Then why did you bring it up?

[ShannonAirey96 3]

3 minutes ago, Rocio0010 said:

Then why did you bring it up?

Just to try and explain my situation better and why I’m thinking about adjusting my status. One of the main reasons I’m thinking of it is due to my wife’s mental health and me not wanting to leave her what is being caused by some of the things I mentioned. That was all 😊 I’m sorry if I went into to much detail, just looking for some advice and feedback. Thank you

[Rocio0010 5,579]

Just now, ShannonAirey96 said:

Just to try and explain my situation better and why I’m thinking about adjusting my status. One of the main reasons I’m thinking of it is due to my wife’s mental health and me not wanting to leave her what is being caused by some of the things I mentioned. That was all 😊 I’m sorry if I went into to much detail, just looking for some advice and feedback. Thank you

Ok, I see. You should be good to go.

[SalishSea 17,852]

11 hours ago, 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 😊 

Just know you won't be able to travel or work for many months......8-10.

[Crazy Cat 41,918]

On 7/16/2022 at 12:31 PM, ShannonAirey96 said:

I hate this whole process I just wish I was able to be here and start my life properly with my wife

Some of us had to separated from our spouses for more than a year during the visa process.