AOS for already married couple

[SebastienFrench 4]

Hello all, 

I am an European citizen and my wife is an USC. We got married 2 years ago here in Europe and have lived in Spain since then. My wife recently applied to a job in the US and she is considering accepting. 

I read dozens of threads in this forum (thanks all for the richness of answers) about AOS from ESTA, but our situation is slightly different as we are already married.

I wanted to ask your opinion on the following scenario. If I were to visit a few months down the road, with a return flight, an European job contract and an active lease here in Spain, how likely will I be to be flagged as having an intent to immigrate when entering with ESTA ? 

It is my understanding from all this reading that the border officer is the one determining if I have an intent at the moment of entry. If he let me through, this intent is not put into question later on correct ? 

If I suddenly discover during my stay that I love the US life and decide to file for AOS : being married to an USC, I have the right to do so correct ? Will I need to justify this "sudden" revelation, ie will I be questioned on the fact that we planed the above hypothetical scenario ? Will this happen during the interview ? 

Thanks a lot for your answers ! 

[canadian_wife 1,823]

This sounds awfully like you are intentionally planning to spontaneously decide to remain in the US after you enter on a non-immigrant visa.

 

 

[Crazy Cat 41,984]

Just now, canadian_wife said:

This sounds awfully like you are intentionally planning to spontaneously decide to remain in the US after you enter on a non-immigrant visa.

 

 

Agree.  

[Crazy Cat 41,984]

19 minutes ago, SebastienFrench said:

If I suddenly discover during my stay that I love the US life and decide to file for AOS : being married to an USC, I have the right to do so correct ? Will I need to justify this "sudden" revelation, ie will I be questioned on the fact that we planed the above hypothetical scenario ? Will this happen during the interview ? 

Seems you are possibly seeking instructions to bypass the long legal immigration route.  If so, that could be seen as a plan to misrepresent your entry.  A better route might be to apply for an IR-1 spousal visa under the DCF route after your wife has a need for short time job relocation.  That way, you would be a Green card holder as soon as you enter the US with a valid spousal visa. 

Edited July 27, 2023 by Crazy Cat

[SebastienFrench 4]

I was afraid it would fall under misrepresentation but I thought it was a way offered to american citizen having to relocate for work to bring their spouse with them. 

I quickly read about the DCF, it would imply for me to stay away from my wife for 16 months and more given the latest timelines published ? Or can I join her even without working (like waiting for an authorization but being with her)? 

I don't understand that there is not a clean way to relocate for work without the other moving spouse to have to stay behind. Maybe I am just discovering US immigration laws, sorry about my naive questions. 

[Crazy Cat 41,984]

5 minutes ago, SebastienFrench said:

I quickly read about the DCF, it would imply for me to stay away from my wife for 16 months and more given the latest timelines published ? Or can I join her even without working (like waiting for an authorization but being with her)? 

DCF is very consulate specific, and it  normally takes only a few months ..not 16.. A normal spousal visa would take about 18-24 months.  

Edited July 27, 2023 by Crazy Cat

[Boiler 45,733]

Changing ones mind at Baggage Reclaim is a bit of a trope.

[Crazy Cat 41,984]

1 minute ago, Boiler said:

Changing ones mind at Baggage Reclaim is a bit of a trope.

I know it is very consulate dependent, but have you seen any recent DCF process times?  I can't seem to mine that data in the timeline section.

[SebastienFrench 4]

Thanks, the DCF seems to be the legal way to do this and my wife circumstance definitely falls into the change of employment situation. I just could not find this on my own so thanks a lot. 

 

[Crazy Cat 41,984]

1 minute ago, SebastienFrench said:

the DCF seems to be the legal way to do this

A spousal visa (through DFC or otherwise) is far, far superior to adjusting status.....far superior. 

Edited July 27, 2023 by Crazy Cat

[SebastienFrench 4]

I would not mind a few months apart, but 2 years for a job change is a bit of a stretch and she was thinking of not even considering it.

My last question, thanks again : Is there a way for me to visit on ESTA when the DCF application is pending ?

[SebastienFrench 4]

 

Just now, Crazy Cat said:

A spousal visa is far, far superior to adjusting status.....far superior. 

 

It seems. Legal wise but also on the fact I could work from day 1 (maybe after 6 months which could be faster than AOS).

 

[Crazy Cat 41,984]

1 minute ago, SebastienFrench said:

My last question, thanks again : Is there a way for me to visit on ESTA when the DCF application is pending ?

Visiting during the immigration process is perfectly legal (at the discretion of CBP).  

[Crazy Cat 41,984]

4 minutes ago, SebastienFrench said:

 

It seems. Legal wise but also on the fact I could work from day 1 (maybe after 6 months which could be faster than AOS).

 

A spousal visa (as compared to adjustment of status) would mean immediate ability to work inside the US, immediate ability to travel outside the US, immediate Green Card, and faster eligibility to file for US citizenship. 

Edited July 27, 2023 by Crazy Cat

[Boiler 45,733]

11 minutes ago, Crazy Cat said:

I know it is very consulate dependent, but have you seen any recent DCF process times?  I can't seem to mine that data in the timeline section.

Most of the ones I see are London, elsewhere they may be rare or rare to VJ. I think I have seen one through Spain? 4 months may be reasonable? You would need recent cases, and a spread to have any confidence.