Adjust Status After Entering on the Visa Waiver ESTA

[butterfly25 0]

Hi ,

Me and my husband got married in Australia since then been living in Australia  for 12 years with 3 kids .  We travel in USA  few times to visit our close relatives during this time . We want to move back to USA permanenetly  . Is it possible for my partner to move to USA with ESTA visa then change the status or should I filled i-30 from here in Australia and wait then go through process . We are just confused what path should we take . Also as continious residency I maintained  my sister address where all my mail including bank statement and other letters go in , I have nt filed tax return for the past 12 yrs . Will that be an issue ? Is it possible for my partner to get  work right while waitiing for the processing if reside in USA  . Please help us with information kindly . What will be the best path to follow . 

 

Thank you so very much , 

[Rocio0010 5,579]

Entering with an ESTA with the intention to adjust status is fraud. Don’t do it. File for I-130 and go through consular processing. So your question of being able to work while waiting inside of the US is null. 
Yes, you not filing taxes will be an issue. As a USC (or US person) you are taxed on your worldwide income, so unless you were not working for those 12 years you will have to file back taxes as his main sponsor. But I’ll defer that to @pushbrk.

And you either come before your partner or with him on the final move. The beneficiary should not enter the US before the petitioner. 
 

[SalishSea 17,801]

12 minutes ago, butterfly25 said:

Hi ,

Me and my husband got married in Australia since then been living in Australia  for 12 years with 3 kids .  We travel in USA  few times to visit our close relatives during this time . We want to move back to USA permanenetly  . Is it possible for my partner to move to USA with ESTA visa then change the status or should I filled i-30 from here in Australia and wait then go through process . We are just confused what path should we take . Also as continious residency I maintained  my sister address where all my mail including bank statement and other letters go in , I have nt filed tax return for the past 12 yrs . Will that be an issue ? Is it possible for my partner to get  work right while waitiing for the processing if reside in USA  . Please help us with information kindly . What will be the best path to follow . 

 

Thank you so very much , 

Nope.   That’s fraud.  You will have to petition him for an immigrant visa.   ESTA is not for immigrating.

[pushbrk 12,870]

18 minutes ago, Rocio0010 said:

Entering with an ESTA with the intention to adjust status is fraud. Don’t do it. File for I-130 and go through consular processing. So your question of being able to work while waiting inside of the US is null. 
Yes, you not filing taxes will be an issue. As a USC (or US person) you are taxed on your worldwide income, so unless you were not working for those 12 years you will have to file back taxes as his main sponsor. But I’ll defer that to @pushbrk.

And you either come before your partner or with him on the final move. The beneficiary should not enter the US before the petitioner. 
 

There is a need to file at least the last three years' tax returns if there was any income at all, but the first 100k or so would be exempt from US Federal taxes.

[Rocio0010 5,579]

6 minutes ago, pushbrk said:

There is a need to file at least the last three years' tax returns if there was any income at all, but the first 100k or so would be exempt from US Federal taxes.

I know this is not exactly an immigration question, but isn’t a US person to file taxes for every year even if they live abroad?

[pushbrk 12,870]

Just now, Rocio0010 said:

I know this is not exactly an immigration question, but isn’t a US person to file taxes for every year even if they live abroad?

If they have income above the filing threshold, yes.  But, only the last three years are applicable specifically for immigration.  Any other years would be another "non-immigration) context.

[Boiler 45,445]

Presumably you have someone, your sister?. to act as a joint sponsor.

 

Are the children USC's?

 

You apply for a IR1 immigrant visa, now that does allow your Husband to start work immediately unlike any other option.,

[butterfly25 0]

13 hours ago, pushbrk said:

There is a need to file at least the last three years' tax returns if there was any income at all, but the first 100k or so would be exempt from US Federal taxes.

I did nt work in last 12 years , My partner (Australian) did work and my  Last 3 yrs my Tax return(in Australian ) was ZERO but did nt file US tax return .   

13 hours ago, Boiler said:

Presumably you have someone, your sister?. to act as a joint sponsor.

 

Are the children USC's?

 

You apply for a IR1 immigrant visa, now that does allow your Husband to start work immediately unlike any other option.,

Yes , all my 3 children are US citizen 

[butterfly25 0]

13 hours ago, Rocio0010 said:

Entering with an ESTA with the intention to adjust status is fraud. Don’t do it. File for I-130 and go through consular processing. So your question of being able to work while waiting inside of the US is null. 
Yes, you not filing taxes will be an issue. As a USC (or US person) you are taxed on your worldwide income, so unless you were not working for those 12 years you will have to file back taxes as his main sponsor. But I’ll defer that to @pushbrk.

And you either come before your partner or with him on the final move. The beneficiary should not enter the US before the petitioner. 
 

If I file from Australia ,should I give my USA address 4  correpondence also while processsing i-30 can we visit USA with my partner ,Do you know the processing time for i-30 !!!

[Boiler 45,445]

Your sister can joint sponsor your husband.

 

Personally I think it is simpler filing taxes than explaining why you did not need to but either way seems to work.

 

Husband can still visit.

 

Takes about 18 months giver or take assuming nothing weird changes things

[pushbrk 12,870]

6 hours ago, Boiler said:

Your sister can joint sponsor your husband.

 

Personally I think it is simpler filing taxes than explaining why you did not need to but either way seems to work.

 

Husband can still visit.

 

Takes about 18 months giver or take assuming nothing weird changes things

There's a simple box to check saying you have no US federal tax returns because your income was below the filing threshold.  Much simpler than filing unneeded tax returns.

[powerpuff 6,680]

~~ Topic moved from AOS tourist/work/student visas to IR1/CR1 spousal visa forum as that is the only legal option available to the OP ~~

[FPS81 3]

On 1/11/2023 at 11:02 AM, pushbrk said:

If they have income above the filing threshold, yes.  But, only the last three years are applicable specifically for immigration.  Any other years would be another "non-immigration) context.

If she was supposed to file taxes for all those years but didn't, what would be the appropriate thing to do now?

[Rocio0010 5,579]

OP where are you from?

[pushbrk 12,870]

9 hours ago, FPS81 said:

If she was supposed to file taxes for all those years but didn't, what would be the appropriate thing to do now?

Nothing, because she was not required to file taxes.  She had no income.