ESTA To AOS Potential Problem?

[mushroomspore 3,044]

3 minutes ago, Generaltito said:

I agree. Regardless if the attorney is aware or not USCIS almost always asks why you overstayed according to the attorney today. She can't even tell them she fell in love because we didn't meet until almost a year after the overstay. That gap of almost a year will likely open another can of worms from the USCIS

This is the main problem I foresee if you were to do the AOS. They will ask what she was doing in that period after entry and before meeting you. The only other options here are to do long-distance or to move to your wife's country with her and deal with whatever bans/consequences and try to return to the US at a much later date after that is all cleared up.

Edited July 19, 2022 by mushroomspore

[Generaltito 4]

1 minute ago, mushroomspore said:

This is the main problem I foresee if you were to do the AOS. They will ask what she was doing in that period after entry and before meeting you. The only other options here are to do long-distance or to move to your wife's country with her and deal with whatever bans/consequences and try to return to the US at a much later date after that is all cleared up.

Exactly this is what we are thinking. She was already subject to the 10 year ban when she met me. Another concern is what this guy she dated for a few weeks said to USCIS. I am not sure if the USCIS really looks at the tips received on the tip submission page.

[arken 4,197]

I don't think recommending OP to go with AOS is violating VJ's TOCs. OP's wife is in the US at present, was admitted lawfully, and is now married to a USC. She overstayed like other hundreds of thousands if not millions for whatever reason. Some overstay for lots of years, find love at some point, marry and do AOS. Her intent was determined at the POE. What was in her mind is all hearsay unless she says that to a CBP or an IO. Who knows she could still be using OP just to get the GC and might divorce him soon after getting GC. Nobody knows. But at this point they can go with AOS.

[EmilyW 1,462]

I don't see an immigration issue here either.  No way for anyone to conclusively prove she was lying at POE (although we all know she was).  Just my opinion.

 

Where I do see an issue is the fact that OP's partner seems to be very comfortable with lying about anything and everything, and intentionally engaging in duplicitous acts (e.g. working illegally, knowing it's wrong (she can't claim ignorance, she has a degree and has worked in immigration)). in order to get what she wants.   I have no doubt that, during an AOS interview, she will lie and say she never intended to stay.

 

If it was one mistake or misstep, ok. These things happen.  But this seems to be a pattern.  Good luck OP.  I don't think you have an immigration problem.  Your partner on the other hand?  I hope you never get in the way of what she wants as I suspect you may be discarded.

Edited July 19, 2022 by EmilyW

[Kai G. Llewellyn 838]

37 minutes ago, mushroomspore said:

Again, adjusting from B2/VWP/ESTA is NOT an issue ONLY if you were truthful at the point of entry that your stay was originally going to be temporary but then your circumstances changed AFTER entry (as she correctly says in the video). It's not "suicide" to adjust from B2/VWP/ESTA if your circumstances genuinely changed after you entered the US. But again, in your case, your wife was not truthful about her intentions at entry. That is the problem, not the process of adjustment from B2/VWP/ESTA.

Absolutely spot on right here.

[Maki&Kiki 123]

If you decide to go AOS route, if i was in her shoes, i would be 100% honest to each and every question. I wouldn’t lie at interview and i would make sure to bring A LOT of evidence supporting bonafide marriage. Truth is your best weapon here. If they ask say yes i worked even though i wasn’t allowed to, yes i know what i did was wrong but this is the truth. Yes i lied to cbp officer. Yes i fell in love with this man. And yes this might get her aos denied but atleast you and she will be 100% honest and they might appreciate that and let her through. If things don’t go well, it’s not the end of the world, you two can move to Europe. I think that’s better than living illigally and being in constant fear that they will deport her. God forbid if she needed urgent medical care or something. It’s really scary situation and not worth the stress. So far, on visa journey,i have not seen people complaining having their aos denied and being deported and some have been in simmilar situation like yours~ 

Edited July 19, 2022 by Kittinpaw

[Kai G. Llewellyn 838]

50 minutes ago, Generaltito said:

Thanks for the responses everyone. My. Nephew just sent me this link. She makes it sound like it's virtually suicide to attempt to adjust status. I might call her tomorrow for a consult. I am interested in hearing her reasons.

 

While I don't agree with her saying that people who had changing plans after arrival should avoid AoSing, I think she's going to tell you exactly what we've said. She's already warning people with iffy circumstances of arriving to not AoS, with a case like yours, what do you think she's going to say? "Oh yeah, I know she lied about her entry, but she's fine to AoS." Massive doubt on that one my friend. At this point I think you're burning money on lawyer consults. It's just not worth it.

 

Another poster suggested she can AoS and not lie, and hope that the circumstances surrounding her original entry don't come up. But of course, if you're going down the 100% honest route and basically say to USCIS 'Oh yeah, I lied during my entry'. Expect a lifetime bar, no way to get back. At best she'd probably get an AoS denial and will be asked to leave the US.

 

My suggestion remains, go move to Europe for 10 years. Great place, and many would argue better than the US. You get near a month's PTO by law, universal healthcare, cheap flights to anywhere and worker protections. Given your wife has EU citizenship, she can bring you to any of the EU member states, so you've got like 30 countries in the EU/EEA to choose from. The additional benefit is that you'll know immediately if you're a victim of marriage fraud, because if your wife threatens divorce over it, you can probably be 99.9% certain she was using you for a green card. Though I sincerely hope that isn't the case.

 

Around year 8, file for I-130, get back to the US with an IV by year 10. No worries at all regarding fraud or future immigration problems.

 

Anyway, that's all the advice I have for you. Good luck!

[Redro 4,611]

@Generaltito you might consider phoning in to Jim Hacking one day and telling you story. Free consult. 

 

But, if you decide to AOS and USCIS received a letter from her ex... You might be separated at the interview and be subject to a stokes interview. 

Your partner's success in adjusting will rest all on you. They might try to bully you into pulling the I-864. Tell you your partner moved to the US and was just waiting on meeting the right American willing to marry her and give her that GC. 

Do you think you'd be comfortable being asked a series of invasive questions for 20+ minutes?

If you truly know this relationship is legitimate you can consider adjusting... But, float the idea of leaving the US and moving to your partner's home country or the country that allowed her to enter on ESTA. See what she says... if she is more interested in staying in the US- I think divorce is on your horizon as she looks for someone else to help her out. 

[Generaltito 4]

Thanks for all the advice. It is a mess. We can't even think straight right now. My wife did suggest this afternoon moving to Germany, where she has family. As a commercial pilot, I can easily get a job in Europe, as I was born in Austria and moved to the United States at the age of three. We are going to have a free consult with another attorney tomorrow and then decide. I guess it's a lesson learned. Follow the immigration rules.

[SalishSea 17,969]

1 hour ago, Kittinpaw said:

If you decide to go AOS route, if i was in her shoes, i would be 100% honest to each and every question. I wouldn’t lie at interview and i would make sure to bring A LOT of evidence supporting bonafide marriage. Truth is your best weapon here. If they ask say yes i worked even though i wasn’t allowed to, yes i know what i did was wrong but this is the truth. Yes i lied to cbp officer. Yes i fell in love with this man. And yes this might get her aos denied but atleast you and she will be 100% honest and they might appreciate that and let her through. If things don’t go well, it’s not the end of the world, you two can move to Europe. I think that’s better than living illigally and being in constant fear that they will deport her. God forbid if she needed urgent medical care or something. It’s really scary situation and not worth the stress. So far, on visa journey,i have not seen people complaining having their aos denied and being deported and some have been in simmilar situation like yours~ 

Except that being honest will lead to a denial.

 

Those that are advocating for her to try and AOS here are suggesting and condoning that she lies to obtain an immigration benefit.   That is 💯 % fraud, and quite frankly, I’m surprised that the mods are letting this thread continue.

[SalishSea 17,969]

41 minutes ago, ROK2USA said:

@Generaltito you might consider phoning in to Jim Hacking one day and telling you story. Free consult. 

 

But, if you decide to AOS and USCIS received a letter from her ex... You might be separated at the interview and be subject to a stokes interview. 

Your partner's success in adjusting will rest all on you. They might try to bully you into pulling the I-864. Tell you your partner moved to the US and was just waiting on meeting the right American willing to marry her and give her that GC. 

Do you think you'd be comfortable being asked a series of invasive questions for 20+ minutes?

If you truly know this relationship is legitimate you can consider adjusting... But, float the idea of leaving the US and moving to your partner's home country or the country that allowed her to enter on ESTA. See what she says... if she is more interested in staying in the US- I think divorce is on your horizon as she looks for someone else to help her out. 

The issue isn’t whether the relationship is bonafide…..   very much doubt there would be a Stokes.

 

The issue is misrepresentation and eligibility for an immigrant benefit.

[Family 4,064]

25 minutes ago, Jorgedig said:

The issue is misrepresentation and eligibility for an immigrant benefit.

I think the issue is OP ‘s narration of 3yr law school student who on 1st post filtered all “ 90 Day “ rule / immigrant intent and presumption of fraud “ lens” through which all ESTA entrants subsequent actions have been “ judged” up to and including allegations of marriage fraud. 

Lucky for OP , he has the good sense to seek legal counsel ..worth paying for a consult as well…BEFORE they lose any sleep OR takes detrimental advice for her to leave . 
 

The only clarity I got was that wife told truth at POE .. ( op’s own quote in this She Said Saga ) but changed her mind shortly after and that he is keeping her and has no intention of walking away from marriage ( or throwing her back to POF seas). 

 

 

[SalishSea 17,969]

5 minutes ago, Family said:

I think the issue is OP ‘s narration of 3yr law school student who on 1st post filtered all “ 90 Day “ rule / immigrant intent and presumption of fraud “ lens” through which all ESTA entrants subsequent actions have been “ judged” up to and including allegations of marriage fraud. 

Lucky for OP , he has the good sense to seek legal counsel ..worth paying for a consult as well…BEFORE they lose any sleep OR takes detrimental advice for her to leave . 
 

The only clarity I got was that wife told truth at POE .. ( op’s own quote in this She Said Saga ) but changed her mind shortly after and that he is keeping her and has no intention of walking away from marriage ( or throwing her back to POF seas). 

 

 

Not sure how you got that she told the truth at POE, when he quite clearly said she never intended to return home, brought all her possessions, copies of vital documents, etc.   

 

This isn’t the standard VJ-line of “plans changed.”

[Family 4,064]

17 hours ago, Generaltito said:

He seems convinced she would be denied for adjustment of status and they would start removal proceedings anyway. He also mentioned something about a motion to reopen would likely be denied.

The entire narrative is through our young law student, as is the “ unpinned grenade “ of stress OP and wife are going through. 
 

 

17 hours ago, Generaltito said:

She was being truthful when CBP spoke to her and she did that she was leaving. Once she experienced life in the US for a month or so she cancelled her return ticket and decided to stay

I rely on this

 

Edited July 20, 2022 by Family

[Generaltito 4]

I appreciate everyone's opinion. Everyone has been very helpful. We are not going to make a decision based on this discussion form. I was planning on seeking legal advice. I just decided to post because I figured others would chime in that have found themselves in this situation.  We found a lawyer this evening that deals with this stuff everyday. He said all hope is not lost. He isn't guaranteeing the AOS approval. He said the situation is messy. We have an appointment tomorrow to bring him all the information he asked for. He wants to study the situation and then share his thoughts with us. He was kind enough to send us some decisions from a few of his cases involving ESTA overstays and marriage. 3 of the 7 were approved. The others were not because of clear intent. Entered, overstayed, had the chance to return and never did. Of course other factors were involved such as finances etc. He said this sounds like an intent issue not marriage fraud. I will report back tomorrow. 

 

Thanks again everyone