Proof of Intent

[Goony424 0]

Came to the US on a ESTA from UK, second visit on ESTA and planned to stay for 3 week visit with long distance GF. Decided to marry and no longer be distant, I know how this seems so im assuming once married and applying for AoS that the question of intent will be brought up.

 

I had a return flight, a full time job and still have a shared mortgage in the UK. Had no intention of staying during this trip but would those things be enough to show that?

 

Thanks

[canadian_wife 1,822]

Your intent was determined at the Point of Entry - and since you were admitted, it appears you were perceived not to have immigrant intent. 

 

Have you quit your UK job?

[Boiler 45,445]

Intent is something brought up here not by USCIS.

 

I assume you know you will be having a long holiday.

Edited October 29, 2023 by Boiler

[Goony424 0]

18 minutes ago, Boiler said:

Intent is something brought up here not by USCIS.

 

I assume you know you will be having a long holiday.

Yes aware of the long wait before I can do anything here or return home

20 minutes ago, canadian_wife said:

Your intent was determined at the Point of Entry - and since you were admitted, it appears you were perceived not to have immigrant intent. 

 

Have you quit your UK job?

I have now yes, informed my boss of the situation and thats that

[Daphne . 1,852]

40 minutes ago, Goony424 said:

Came to the US on a ESTA from UK, second visit on ESTA and planned to stay for 3 week visit with long distance GF. Decided to marry and no longer be distant, I know how this seems so im assuming once married and applying for AoS that the question of intent will be brought up.

 

I had a return flight, a full time job and still have a shared mortgage in the UK. Had no intention of staying during this trip but would those things be enough to show that?

 

Thanks

You were admitted so I think the intent part is the least of your worries, but have you thought this through? This means quitting your job, and not being able to work or leave the US until you have the authorization.
 

What will you do if there is an emergency ‘back home’? Do you have savings that you can use to pay your mortgage and other bills you might still have there, as well as supporting yourself financially in the US? 

 

AOS always looks like a grear idea until reality kicks in

[Goony424 0]

Just now, Daphne . said:

You were admitted so I think the intent part is the least of your worries, but have you thought this through? This means quitting your job, and not being able to work or leave the US until you have the authorization.
 

What will you do if there is an emergency ‘back home’? Do you have savings that you can use to pay your mortgage and other bills you might still have there, as well as supporting yourself financially in the US? 

 

AOS always looks like a grear idea until reality kicks in

Yes have quit my job now, my soon to be wife and her family are happy and able to accomodate and finance my cost of living (very low).

The emergency back home would be terrible however i dont believe in stopping myself moving forward in my life because of fear of that, I have some savings and still assets my family are willing to sell for me, car etc. The mortgage is still in my name however i do not pay it anymore, long story short it was a way for my ex to pay me out of the house whilst still keeping the house without reapplying for another mortgage by herself (impossible in the UK currently).

 

The reality of the possible downsides of doing this AOS are much lesser than returning home to my previous life. Thanks for the reply

 

[Pinkrlion 2,715]

I didn’t think you can AOS on ESTA. 

[Boiler 45,445]

1 minute ago, Pinkrlion said:

I didn’t think you can AOS on ESTA. 

We are assuming it will be through marriage to a USC.

[Ontarkie 14,216]

~~MOved to AOS from Work, Student and Tourist Visas, from Tourist Visas- the OP is now in the US, has married and wanting to adjust.~~

[powerpuff 6,680]

1 hour ago, Pinkrlion said:

I didn’t think you can AOS on ESTA. 

Only applies to spouses of GC holders.

[Crazy Cat 41,811]

***One non-contributory comment and replies removed***Please stay on topic***

-VJ Moderation

Edited October 30, 2023 by Crazy Cat

[Marieke H 2,496]

Your intent was determined when you entered the country, and you were clearly able to show that you were planning to return home after your visit. If it comes up during your interview, the things you mentioned should be enough to demonstrate this. It sounds like you have thought this through and are aware of the consequences and the fact that your life will kinda be on hold for a while. Good luck, find a hobby or something that will keep you busy, because I can tell from experience that the long wait can drive you nuts!