Aos from esta

[Ponygirl 0]

My husband and I are already married on my last visit to see him, I came to visit him again and have only been made aware that aos is eligible if your in the USA with your family member at the time. 

Am I ok to go ahead and file it? I had all intention of going back I just didn't even know this was a thing but I don't want to be accused of misrepresentation. 

[Lil bear 4,230]

1 hour ago, Ponygirl said:

My husband and I are already married on my last visit to see him, I came to visit him again and have only been made aware that aos is eligible if your in the USA with your family member at the time. 

Am I ok to go ahead and file it? I had all intention of going back I just didn't even know this was a thing but I don't want to be accused of misrepresentation. 

Yes you can use the AOS process.  But be aware that, until you receive your Green Card or Advanced Parole and Employment Authorization, you cannot leave the country without abandoning the AOS process, you cannot work and in most states cannot get a drivers licence so cannot drive. Plan for 8+ months of being here and “ in limbo”  

Edited July 28, 2022 by Lil bear

[Ponygirl 0]

1 minute ago, Lil bear said:

Yes you can use the AOS process.  But be aware that, until you receive your Green Card or Advanced Parole and Employment Authorization, you cannot leave the country without abandoning the AOS process, you cannot work and in most states cannot get a drivers licence so cannot drive. Plan for 8+ months of being here and “ in limbo”  

But is deciding to file aos while here even though there hasn't been a major life change or anything still ok? 

[Lil bear 4,230]

1 minute ago, Ponygirl said:

But is deciding to file aos while here even though there hasn't been a major life change or anything still ok? 

Intent is assessed at entry. People change their mind all the time. As long as you truthfully answered any questions at POE, then there is no “misrepresentation”  issue for you