If AOS from ESTA will H1B application be risky

[DrGeorge 0]

Hi there,

 

I am thinking of proposing and marrying my GF, who is an American citizen. Previously I applied for H1B (within last 12 months).

Is this risky?

My concern is that the officer will view my entry to US under the ESTA as intent to immigrate since I previously applied for an H1B visa and therefore they will deny my AOS application.

Edited March 19, 2023 by DrGeorge

[Allaboutwaiting 2,503]

Are you currently in the US?

And what do you mean with your last sentence?

Edited March 19, 2023 by Allaboutwaiting

[DrGeorge 0]

I am currently in the US yes. And I edited the last sentence

[Allaboutwaiting 2,503]

You will very likely be questioned during AOS interview in that regard.

 

But you were granted entry because the CBP agent determined you did not have the intention to immigrate, so in an ideal scenario, there is no reason to think the case will be denied. 

[Sammy_2496 116]

2 hours ago, DrGeorge said:

I am currently in the US yes. And I edited the last sentence

Since you are already in the US, you are elijible to adjust status. Intent is established at the POE, follow this guide.  

Be aware though, you cannot work until you get your employment authorization (or greencard) and you will not be able to travel unless you apply for advance parole (entry is not guarenteed when returning from a trip on AP) or until you get your greencard. They may ask you questions about it, so for peace of mind i would gather as much evidence as possible which proves that AOS was not your intent when entering... although i doubt they will bring it up to be honest. Have a talk with your partner and see what they think about this.

Good luck with everything

Edited March 19, 2023 by Sammy_2496