AOS on ESTA with K1 pending

[SteveInBostonI130 3,432]

Go over the entire entry process with your fiance.  Verify that CBP didn't ask him to declare that he will not stay and try to adjust status. 

 

@Crazy Cat mentioned that there was a case a while ago where a couple's AOS was denied because the spouse was specifically asked about the intent to adjust status and he/she declared that he/she would not.

[Sinead91 249]

Hey OP! This was my exact situation I. 2929! Came over with my noa2 approved on vacation, awaiting our interview date. Covid happened. Withdrew k1, married in the US, filed AOS in July 2020, had my GC in Feb 2021  check out my timeline and message me if you need any help! 
 

I got all my guidance here on this forum

[Crazy Cat 41,804]

12 hours ago, spacemountain said:

 

Thank you, we are scared to not get approved and being separated.

I would think there are other important things to consider.  He will not be able to work for 3 to 12 months.  He will not be able to leave the US until he receives advance parole.  Can he adjust?  Yes, unless he misrepresented himself when he entered the US.  Should he adjust?  That a personal decision you both will have to face.  Good luck.

 

Edited November 23, 2022 by Crazy Cat

[spacemountain 0]

1 hour ago, Crazy Cat said:

I would think there are other important things to consider.  He will not be able to work for 3 to 12 months.  He will not be able to leave the US until he receives advance parole.  Can he adjust?  Yes, unless he misrepresented himself when he entered the US.  Should he adjust?  That a personal decision you both will have to face.  Good luck.

 

When he entered he only said he will visit during 15 days because my health condition he showed papers from work and letter from my hospital doctor. After he declared what he brought with him in his suitcase he replied clothes, but he thinks cbp writed nothing on computer. It took like 2 minutes.

 

Do you think he mispresented himself?

 

Thank you

3 hours ago, Sinead91 said:

Hey OP! This was my exact situation I. 2929! Came over with my noa2 approved on vacation, awaiting our interview date. Covid happened. Withdrew k1, married in the US, filed AOS in July 2020, had my GC in Feb 2021  check out my timeline and message me if you need any help! 
 

I got all my guidance here on this forum

Thank you so much i text you. We hope it will be okay.

[Crazy Cat 41,804]

34 minutes ago, spacemountain said:

Do you think he mispresented himself?

No.

[laylalex 7,284]

It's a pretty simple question really: did he have the intention to stay and adjust when he entered the US? If no, there wasn't misrepresentation. If yes, there was. Don't overcomplicate it. Best wishes for a speedy recovery! ❤️

[Nat&Amy 623]

Agree with others. If he was let in, intention is most likely water under the bridge. More important question has to do with finances, with you in recovery and he unable to work. I hope he is not planning to work remotely for his employer abroad to make sure his income will continue in the US - working (remotely or not) is not allowed until he has an EAD or GC. The financial strain AoS puts on couples is very often overlooked.

[Boiler 45,441]

He was coming initially on a K1 so as far as adjusting etc not a lot has changed.

[Nat&Amy 623]

9 minutes ago, Boiler said:

He was coming initially on a K1 so as far as adjusting etc not a lot has changed.

What appears to have changed is the health of petitioner. Meaning that if originally there was one source of income, now there is none? Savings can go fast and it might be worth considering if the inability to work at this new scenario would do more harm than good.

[Boiler 45,441]

That might add 2 years on to the process..

[SalishSea 17,801]

19 hours ago, spacemountain said:

Thank you, do you think I must explain well with all documents on I 485 and I 130 he was going to go back but circumstances changed?

 

 

 

Pretty clearly circumstances did not change, as the 'caregiver' plan was already in place.